Filing a Wrongful Death Claim After a Car Wreck

Losing a loved one is a devastating experience, and the pain is worsened when their death occurs due to someone else’s carelessness, as often seen in car accident cases. The victim’s families have to deal with financial and emotional challenges and feelings of injustice. In these situations, filing a wrongful death claim provides an avenue to seek justice and hold the at-fault party accountable.

In this blog, we will guide you through the steps of filing a wrongful death claim after a car accident, explaining the legal process, what you need to prove, and who can file. Understanding all of this will help protect your family’s rights. Our wrongful death lawyers at Terry Bryant Accident & Injury Law can help you fight for your rights during this difficult time and provide guidance. Call us now at (713) 973-8888 for a free case review.

Why You Should Let Us Represent You

At Terry Bryant Accident & Injury Law, we have the knowledge and skills to help you navigate this challenging time. We will carefully assess your claim and develop a legal strategy to help us get a favorable outcome. We will handle the investigation of your case, gathering the evidence needed to build a solid case.

Our gross recoveries exceed $1 billion. Client testimonials show our dedication and commitment to every case we handle, and we have overwhelmingly positive online ratings. We will commit time and resources to your case as needed and will see it through until the end.

If you need a law firm that will help you get justice for your loved one’s death, we are here for you. Contact us to learn more about our services and how we can help you.

We understand the Texas legal system and applicable laws and will apply this knowledge to help you get your desired outcome. 

What Is Considered a Wrongful Death?

Under Texas law, a wrongful death occurs when a person’s death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another person or entity. A wrongful death claim can be pursued when someone dies due to the negligent or intentional actions of another party. Also, only specific individuals have the right to file a wrongful death claim in Texas.

Note that for a wrongful death claim to exist, the decedent’s death must have been “directly” caused by the defendant’s actions. That is, had it not been for the defendant’s actions, the deceased would not have died.

How Do Car Accidents Lead to Wrongful Death?

Car accidents can lead to wrongful death when the crash results in the death of another driver and is caused by negligence, recklessness, or intentional misconduct. Below are some of the ways car accidents lead to wrongful death:

Driver Negligence

Drivers are negligent when they breach their duty of care and engage in actions that endanger other road users. Negligence manifests in different ways, including the following:

• Distracted driving
• Speeding
• Aggressive driving
• Running red lights.

Impaired Driving

Driving under the influence of drugs or alcohol can lead to impaired judgment, which affects a driver’s ability to operate their vehicle safely.  Drunk driving also leads to slow reaction time and reduced coordination, which can result in a deadly collision. Driving when excessively fatigued is also dangerous, as it affects a driver’s ability to focus and react.

Vehicle Defects

Mechanical defects, like brake failures and steering malfunctions, can cause the driver to lose control, leading to fatal accidents. Defective airbags, seatbelts, and other safety features can also result in death for vehicle occupants when an accident occurs.

As long as there is an element of negligence, the victim’s surviving family members can seek financial compensation.

Filing a Wrongful Death Claim After a Car Wreck

After a car accident, the deceased’s family can file a wrongful death claim to seek compensation. Doing this involves the following steps:

Establishing Liability

It is vital to establish that the defendant’s actions caused the accident that led to the victim’s death. To establish negligence, it is crucial to show that:

• The defendant owed the victim a duty of care.
• The defendant breached their duty of care by behaving negligently.
• The defendant’s action caused the accident that directly led to the victim’s death.
• The car accident resulted in damages to the victim before their death and their legal beneficiaries.

Investigation and Evidence Gathering

You need proof to back your claim, and the necessary evidence is:

• Accident or police report
• Medical records
• Independent witness statements
• Traffic camera footage
• Expert witness testimony.

Filing the Claim or Lawsuit

If you have a lawyer, they will file a claim with the at-fault driver’s insurance company or a formal complaint in court outlining the details of the wrongful death claim. The insurance company can accept the claim and pay the settlement or refuse. If they reject the claim, the lawsuit filed can proceed. In some cases, a lawsuit is filed only after a rejection.

Pre-Trial Proceedings

Before trial, both parties engage in discovery, which involves interrogatories and depositions. Interrogatories involve written questions that must be answered under oath, while deposition is sworn testimony outside of court. Also, both parties will exchange evidence and file pre-trial motions to dismiss the case or request a summary judgment.

Settlement vs. Trial

Before trial, the judge may order both parties to engage in settlement negotiations. If this works, the defendant will settle with the plaintiff, ending the case. But if they cannot settle, even with the help of a mediator, the case goes to trial. During the trial, both parties will present their arguments, evidence, and witnesses before a jury that will decide the case. If the plaintiff wins, the jury will decide the damages they will receive.

Our attorneys are experienced negotiators and trial lawyers and can adequately represent you before an insurance company or in court.

Who Can File a Wrongful Death Lawsuit?

Before taking any wrongful death lawsuit steps, you must know who can sue. In Texas, not every family member of a deceased victim has the right to file a wrongful death lawsuit. Only the following persons can:

• The surviving spouse of the deceased.
• Biological and legally adopted minor and adult children of the deceased. Stepchildren cannot file a lawsuit unless they were legally adopted by the deceased.
• The biological or legally adoptive parents of the deceased.

The executor or administrator of the deceased’s estate can file a wrongful death lawsuit if the above family members do not sue within three months of the deceased’s death. If the executor files the claim on behalf of the estate, any damages recovered will be distributed according to the deceased’s will or state law.

Recoverable Compensation for Wrongful Death Claims

In wrongful death claims, the compensation awarded is intended to address the financial and emotional losses suffered by the victim’s loved ones. As such, you can recover economic and non-economic damages. The two cover the following:

• Medical expenses (if the victims received medical treatment before dying)
• Loss of financial support (loss of income)
• Loss of inheritance
• Funeral and burial expenses
• Loss of companionship and society
• Loss of consortium
• Mental anguish
• Loss of parental guidance and support.

In some cases, punitive damages may be awarded if the defendant’s actions were particularly egregious, reckless, or intentional. Punitive damages are not meant to compensate the family for their loss but to punish the wrongdoer and deter similar behavior in the future.

How Long Do You Have to File a Wrongful Death Claim?

In Texas, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s death (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.) This means approved family members or the executor of the deceased’s estate must file the lawsuit within two years of the date the death occurred. However, there are exceptions for cases where:

• The victim’s child is a minor
• The cause of death was not known immediately
• The eligible person was legally incapacitated
• The defendant engaged in fraudulent behavior or intentionally concealed their wrongdoing.

If the wrongful death case is not filed within the time stipulated by law, the court will dismiss the case, and you will lose your chance for compensation.

What Is the Average Wrongful Death Settlement?

The average wrongful death settlement varies widely depending on numerous factors. Settlements can range from tens of thousands to several million dollars. Here are some of the factors that influence the size of a wrongful death settlement:

• The severity of the negligence
• The amount of economic and non-economic damages
• The amount of punitive damages awarded
• The strength of the case
• The age and occupation of the victim
• Insurance policy limits
• Whether the case settles or goes to trial.

We’ll shed more light on these factors when you call our law firm.

Did You Lose a Loved One to a Car Wreck? Call Us Now!

Losing a loved one and seeking compensation at the same time can be overwhelming. But the process will be easier with our lawyers from Terry Bryant Accident & Injury Law representing you. While money will not bring back your loved one, it will ease the financial burden that comes with it. So, take the first step towards justice by calling us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free case review.