The loss of a loved one is devastating, even more so when caused by the negligent actions of another. In cases of negligent conduct resulting in a car accident fatality, the victim’s family is legally able to pursue a wrongful death claim to obtain compensation. The qualified wrongful death attorneys at the Bonilla Law Firm PLLC have successfully fought for and procured full and fair recoveries for grieving families. We offer free, no obligation, consultations. Call to schedule one today.
A claim for wrongful death may be brought if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another. (Texas Statutes section 71.001)
When filing a wrongful death claim following a car accident, the surviving family members of the victim have the right to seek compensation for:
In some cases, exemplary or “punitive” damages may be recovered. These damages require a wrongful death was caused by a willful act or omission, or by gross negligence. The purpose of exemplary damages is to punish the at-fault party for their intolerable behavior.
The court typically determines the amount of damages awarded in a Texas wrongful death claim. The award is then divided amongst the surviving family members.
The family members that may file a wrongful death claim in Texas are the surviving spouse, children, and parents. They have the choice to either file the claim singly, or as a group. Adult children and adopted children may file over the death of a parent/adopted parent, as well as the parents over a child. Surviving siblings cannot file a wrongful death claim for the loss of a sibling, according to Texas state law.
The state of Texas specifies that the statute of limitations requires a wrongful death lawsuit to be filed within two years of the loss. There are some exceptions that a knowledgeable Texas wrongful death attorney will be able to explain to you.
Filing a wrongful death lawsuit in Texas can be a time-consuming and complicated task, which a grieving family should not have to concern themselves about. An experienced attorney that has handled wrongful death claims resulting from car accidents can guide you while advocating for you in every step of the litigation process. The claims process will go much more smoothly and as problem free as possible. Retaining legal services will also guarantee that every avenue of compensation that you and your loved ones deserve will be exhausted.
Our highly qualified wrongful death attorneys have helped many families in Austin and elsewhere in Texas, pursue compensation and justice after losing a loved one in a car accident caused by someone else’s negligence. We can help you pursue recovery during this difficult time. We offer free, no obligation case evaluations. Contact us today.