Wrongful Death Due to a Car Accident: How to Get Compensation
If your family has lost a family member in a car accident due to someone else’s negligence, a car accident lawyer may be able to help you get compensation for wrongful death. A wrongful death lawyer in Houston, TX, explains.
Who Can File a Wrongful Death Claim?
A Wrongful Death Lawyer Explains: Wrongful Death Due to Car Accident
How Do You Get Started?
You start by filing a wrongful death claim in a civil court against the person or organization who was responsible for the death. If a person dies in a car accident, the other driver or other party involved may be held responsible on the basis of having caused the death either knowingly or through negligence.
In Texas, only certain family members may file a wrongful death claim to seek compensation for the loss. According to Texas law, the spouse, parents, and adult children of the deceased are eligible to file, but extended family is not eligible. In certain cases, it is also possible for the representative of the deceased’s estate to file a claim on behalf of the family.
When Must a Wrongful Death Claim Be Filed By?
The statute of limitations for a wrongful death claim is two years from the date of death. A statute of limitations is the time period that the law sets, within which a claim must be filed. After that time period is up, you generally cannot seek compensation through a claim.
What Types of Compensation Are Available?
You may seek compensation for economic damages, non-economic damages, and in some cases, punitive damages. Economic damages are any quantifiable financial losses, such as medical bills that occurred before death, funeral and burial expenses, wages that were lost prior to death, and the loss of future income for the family.
Non-economic damages are intangible losses, such as emotional distress, pain and suffering, loss of companionship, or loss of consortium (the loss of the benefits of a close relationship, such as companionship or affection). Punitive damages are awarded at the discretion of the court, not to compensate the victim for losses but rather to punish the person responsible. These are generally given only if the behavior of the responsible party was especially egregious and are intended to act as a warning to others of how society views such behavior.
Consult a Car Accident Lawyer in Houston, TX
If you have lost a loved one after a car accident, look for a lawyer with experience in cases involving wrongful death. They can listen to the details of the situation and advise you as to whether a wrongful death claim is possible, based on their assessment of who was responsible for the accident. Then, if you do decide to pursue a claim, a lawyer will gather the evidence you will need to establish negligence and build a solid case to present to the court.
Have you lost someone close to you in a car accident? Reach out to our Houston wrongful death attorneys at the Law Office of Shane R. Kadlec in Houston, TX, for support.
