Can a Fatal Car Accident Also Be a Wrongful Death Case?

Losing a family member in an auto crash is a devastating event. The pain and anger, only increase when you learn that it was an avoidable accident caused by a negligent motorist. While nothing can bring your loved one back, your family may have to take legal action against the negligent driver. These types of claims are called a wrongful death claim.

Wrongful death occurs when someone dies due to the negligence or intentional actions of another party. An example of this is when a distracted, aggressive, or drunk driver causes a negligent accident that kills someone. If someone dies in a crash, that fatal car accident may also be a wrongful death case. In fact, auto collisions are probably the most common reason people file wrongful death claims in Texas, where more than 3,500 people die every year on our roadways.

Did you lose a family member in a vehicle crash caused by a negligent driver in Texas? Our experienced car accident attorneys can help you seek compensation through a wrongful death claim. If you want to learn more about wrongful death cases from fatal auto collisions, this article has all the information you need.

Why hire our Houston car accident lawyer?

Choosing an attorney at random to handle your wrongful death claim will always leave you at a disadvantage in the long run. Sticking with a tested and trusted law firm for the best legal representation is essential. This is why many wrongful death claimants in Houston prefer to work with Terry Bryant Accident and Injury Law. Our reputation for achieving excellent results in car accident/wrongful death cases precedes us, and here’s why:

• Our Houston car accident lawyer is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. This means we have the experience, expertise, and specialized knowledge needed to successfully fight your case.
• Terry Bryant is a former judge who understands the nitty-gritty of wrongful death claims in a way that other attorneys don’t.
• Our track record of successful outcomes to wrongful death claims from car accidents in Texas is unmatched.
• We invest all of our resources and leverage 100% of them to ensure the best outcomes for your case.
• Our approach is compassionate, strategic, and personalized. We always consider the sensitivity of your situation, offering you emotional support through the legal process.

We stand out among other injury law firms in Houston, Texas, because we achieve outstanding results. We will fight for your rights and get you the compensation you deserve.

Who can file a fatal car accident wrongful death claim?

For a successful outcome to your wrongful death claim for a car accident fatality, you must prove the following to the insurance company or court:

• The other driver’s negligence led to the accident and death.
• You’re eligible to file a wrongful death claim.

In Texas, spouses, children, and parents of people killed in car accidents can file wrongful death claims. This includes adoptive parents and adopted children. These survivors can file separately or together. If they decide not to file, the deceased person’s representative can file on behalf of the estate. Grandparents, siblings, aunts, uncles, and other family members are not permitted to file for wrongful death in this state.

Damages for wrongful death in a car accident

Wrongful death claims seek damages to compensate survivors and the deceased person’s estate for losses resulting from the death. The damages you may be entitled to for these include:

• Payment for your family member’s medical bills related to the accident
• Reimbursement for funeral and burial expenses
• Lost wages and lost future earning capacity of your loved one
• Lost inheritance
• Lost love, support, and companionship
• Pain, suffering, and emotional anguish caused by the death.

Every case is different. To learn what you could potentially claim in your wrongful death case, you can talk to our experienced Texas car accident attorney. After carefully reviewing all the elements of your case, our attorney can advise which damages you can claim. They can also help you determine how much compensation to pursue.

Who can I sue in a wrongful death claim?

Texas Civil Practice and Remedies Code Section 71.001 states a wrongful death claim can be brought when another party causes death through their “wrongful act, neglect, carelessness, unskillfulness, or default.” While in most cases, drivers cause accidents through their negligence, sometimes other parties might also be liable. Here are some other parties who may be held liable in a wrongful death lawsuit:

• The trucking company or other company that employs a driver who caused an accident
• Car makers that manufacture and sell defective vehicles
• Auto parts manufacturers that sell parts that break and cause accidents
• A government agency that neglects to fix a hazardous roadway
• A designer or construction company of a faulty roadway
• A bar that overserves a patron who then kills someone in a drunk driving crash.

Determining who can be held liable will depend on all the individual circumstances of your case. Sometimes, in multi-vehicle crashes, more than one driver may be liable. Our skilled attorneys can examine all the facts of your case to determine who is at fault for your family member’s wrongful death.

How does a fatal car accident wrongful death claim work?

When you bring a claim for wrongful death on behalf of your family member, your attorney will first negotiate with the insurance company of the at-fault driver. If a fair settlement offer isn’t made by the at-fault party’s insurance company, or if the responsible party says they didn’t cause the accident, your only option may be to litigate your case all the way to a trial. A judge or jury will then decide the outcome of your case.

It is always helpful to work with an attorney, even when filing a claim with insurers, especially in wrongful death  cases as it can be especially difficult after your loved one’s death. Our car accident attorneys understand the insurance system and know how to negotiate with insurance adjusters and the insurance company lawyers. If your case enters litigation or eventually goes to court, our attorneys will be there every step of the way to answer your questions and guide you through the complicated legal process.

How long will my car accident wrongful death case take to resolve?

Generally, wrongful death cases that are settled with insurers outside of court are resolved faster. Depending on how willing the at-fault party and their insurer are to settle, it could take a few months to a year or longer. Cases that are litigated often take much longer because there is more evidence to gather, witnesses to be interviewed, and expert witnesses to identify who will testify during the trial.

How negligent drivers cause car accident fatalities

The most common causes of fatal car accidents are distracted driving, drunk driving, and aggressive driving. Distracted driving includes texting and talking on cell phones. Aggressive drivers speed, run stoplights, weave in and out of traffic, and drive dangerously.

If your family member was a victim of a fatal crash caused by a drunk, distracted, aggressive, or otherwise poor driver, get the guidance of our skilled Houston wrongful death attorneys. The compensation you can receive won’t ease your grief, but it can help relieve your financial stress during this difficult time.

How to get help from a compassionate Houston car accident lawyer now!

Losing a loved one is emotionally devastating. When the death was caused by a careless and negligent driver or other party, it can feel even more devastating. You probably feel anger, frustration, and confusion about what to do next. Let us help you during this incredibly difficult time, so you can focus on grieving your loved one. We’ll take over the complex legal work of filing a claim, investigating the evidence, and holding the responsible party accountable.

Call our team of compassionate attorneys at Terry Bryant Accident & Injury Law for a free and confidential consultation. We can be reached at (713) 973-8888 or toll-free 1 (800) 444-5000 to discuss your potential wrongful death claim.