Whether you’re sending your children to college for the first time as a parent or you’ve had an empty nest for a while, the start of an undergraduate career is often every bit as exciting as it is nerve-wracking. On the one hand, you’re proud of your kids for making it this far, but also nervous about what it’ll mean for them being on their own for the first time. However, no one ever expects to get bad news and hear that their children were involved in a major accident while away from home. When these incidents occur, those responsible can be held accountable through a Texas wrongful death or personal injury lawsuit.
According to a recent news report, two Dallas Baptist University students were killed in a deadly car crash. Both students had only just arrived on campus for their freshman year and were passengers in a friend’s car when the at-fault party crashed into their vehicle. Authorities reported that three other students were also involved in the accident and are recovering from non-life-threatening injuries. Currently, the investigation is still ongoing, and it is unclear if the responsible driver will be facing charges or if drugs or alcohol played a role in the accident.
In Texas, following an accident like this one, there are several legal actions you can take. Perhaps the most common is assessing whether you have a wrongful death claim. When a person passes away because of another person’s wrongful actions, you may have grounds for a claim. More specifically, in Texas, the death must have come about due to a “wrongful act, neglect, carelessness, unskillfulness, or default.”
If you believe you may have a wrongful death claim, it is best to act quickly. In Texas, wrongful death claims have a two-year statute of limitations for most cases. There are several exceptions to this rule, including if the case involves the death of a minor child, fraud, negligence of the responsible party that was unknown to the plaintiffs during the two year period, or some kind of external impairment the plaintiff experienced that prevented filing in a timely manner.
Unfortunately, not everyone is eligible to file a wrongful death claim in Texas following an accident. To file a lawsuit, you must be related to the deceased as the surviving parent or parents (adoptive parents count, as well), a surviving spouse, a surviving child (adult, minor, or adopted children), or you have been put in charge of representing the estate of the deceased.
Wrongful death claims can often be complex and be complicated matters legally and emotionally for everyone involved. This is why potential plaintiffs are advised to hire an experienced and compassionate personal injury attorney who can advocate on your behalf to get you and your loved ones the compensation you deserve.
Do You Need a Texas Personal Injury Attorney?
If you or someone you love believes that you may have a Texas wrongful death claim, contact the lawyers at Carabin Shaw today. Our team of attorneys represent our clients with care, passion, and empathy, and will advocate tirelessly on your behalf. We understand the nuances of the legal system and have represented clients on all kinds of personal injury claims throughout the state of Texas. To schedule a free consultation today, contact us at 800-862-1260.