For many, a car serves as the primary method of transportation on a daily basis. However, no matter how careful someone is while on the road or how skilled they are at driving, other motorists who do not follow the traffic laws pose a significant threat. When others are careless and cause accidents or even fatalities to occur on the road, those who are responsible can be held accountable for their actions through a Texas personal injury lawsuit.
In a recent news report, a young Sheriff’s Deputy and his fiancé were killed in a tragic car accident. Officials say that a tanker truck may have run a stop sign and crashed into the deputy’s vehicle, which killed his fiancé on impact. He passed away shortly after and his brother, who was also a passenger, was airlifted in critical condition to a local hospital with spinal, facial, and arm injuries.
In Texas, cases like these can often pave the way for potential wrongful death claims. To file a wrongful death claim, one must first ensure that the circumstances surrounding their potential case fall within Texas’s definition of wrongful death. Claims can be filed by specific parties if the death is caused by a wrongful act involving carelessness, unskillfulness, or neglect. Thus, potential plaintiffs could have a claim if their loved ones die because of the negligence of others, such as during a major car accident, or a vehicle collision involving distracted driving.
Additionally, only certain parties can file wrongful death claims in Texas. Under the wrongful death statute in the state, only the surviving spouse, children, or parents of the deceased can file. On occasion, adopted children can file a wrongful death claim if the adoption was fully completed, and adopted parents can file a case for their adopted child. However, Texas does not allow surviving siblings of the deceased to file such claims.
In the wake of a tragic accident and a potential wrongful death claim, it may feel overwhelming to even consider filing a case in court when you want to focus on healing. Although nothing can bring your loved ones back, the damages that are available through a wrongful death claim can help to facilitate the mourning process. The most common types of compensation include damages for mental anguish, lost wages, lost inheritance, lost companionship, and lost care or support. However, time is of the essence when considering a wrongful death claim. Parties are required to file their lawsuit within two years of their loved one’s death, and exceptions are limited.
Do You Need a Texas Personal Injury Attorney?
If you or someone you love has suffered a serious injury or death from a Texas car accident, contact the attorneys at Carabin Shaw. Our dedicated, experienced, and compassionate Texas personal injury attorneys have worked on all kinds of personal injury cases and clients and will advocate tirelessly on your behalf. We will provide all the necessary support and guidance you need in the process of navigating your claim and will do our best to get you the compensation you deserve. Contact us to set up a free consultation today at 800-868-1260.