If you have lost a loved one in a car accident, you may receive a wrongful death car accident settlement.
Haun Mena explains what you should know about wrongful death lawsuits and how an experienced Houston car accident lawyer can help.
What Makes a Car Accident a Wrongful Death Case in Texas?
A car accident is a wrongful death case if:
- Car accident. There was a car accident. Car accidents happen in many circumstances, including multi-vehicle crashes, single-vehicle crashes, pedestrian crashes, and more.
- Fatality. The car accident results in someone’s death.
- Fault. Someone’s wrongful act or omission caused the accident and the person’s death.
The standards for wrongful death fault are the same as the standards for injury fault. Someone may be at fault because their actions are:
- Wrongful, on purpose
- Careless
- Lacking skill
- Failing to act when necessary
Fault can include speeding, improper lane changes, or failing to maintain a safe following distance. A traffic violation can be enough to make someone at fault for a car accident.
Wrongful Death Car Accident Claims Are Based on Texas Law
Each U.S. state makes its own laws. There are some laws that apply throughout the United States. These are federal laws. However, most laws in the United States are passed by individual states, such as Texas. The laws apply in just that state.
With 50 different states, each state’s laws are a little bit different. For wrongful death, state laws vary for things like who can file the claim, how long they have to file, and the exact legal definition of wrongful death.
Wrongful death claims for Texas car accidents are usually based on Texas law. The law is the Texas Civil Practice and Remedies Code, Title 4, Chapter 71, Wrongful Death.
Who can file a wrongful death lawsuit after a fatal car accident in Texas?
In Texas, the:
- Spouse
- Children
- Parents
The deceased’s family can file a wrongful death lawsuit. They’re also the ones who get the proceeds of the claim. One or more of the eligible people can file on behalf of everyone.
The three-month rule
If no one qualified files a wrongful death action within three months of the person’s death, the person’s executor or administrator starts the claim.
How Wrongful Death Settlements are Calculated in Texas
A successful wrongful death settlement results in monetary compensation. The person responsible doesn’t go to jail. Instead, they’re ordered to pay compensation to the beneficiaries.
The case decides two things: First, whether the person is liable for wrongful death, and Second, how much they should pay. The amount awarded is determined on a case-by-case basis.
When it comes to damages, the law is kind of vague. It says that the jury may award damages proportionate to the injury.
Damages proportionate to the injury means:
- Medical bills
- Funeral expenses
- Lost earning capacity
- Loss of inheritance
- Contribution to the household, like household chores and maintenance
- Mental anguish, grief, and sorrow
- Loss of companionship and society
- Loss of parenting and guidance
- Whether the defendant acted willfully or with gross negligence (this can increase the award)
A wrongful death car accident settlement should compensate both economic losses and the anguish of losing a family member.
If a jury decides the case, the jury also decides how the beneficiaries split the award. If there is a wrongful death car accident settlement, it specifies how the beneficiaries split the funds. If there are minors, incapacitated beneficiaries, or if the parties can’t agree on distribution, the court will be involved.
What is my case worth?
The best way to determine what a wrongful death case may be worth in Texas is to consult with an experienced attorney. Haun Mena can evaluate the specifics of your case. We can explain what your case may be worth and what factors may influence the case outcome.
The difference between a wrongful death claim and a survival action
You may also hear the term survival action. It’s a different legal claim that can happen after a fatal car accident.
The wrongful death claim focuses on surviving family members and their losses. The survival action focuses on the victim. That includes the victim’s physical and emotional suffering after injury and before death. It includes medical expenses, lost income, and property damage incurred by the person as a result of the accident.
Survival action funds go to the estate. That means the funds are subject to creditors’ claims for the deceased person’s debts. Wrongful death compensation is not subject to creditors.
When a wrongful death occurs, there can be both a wrongful death claim and a survival action. The personal representative or executor brings the wrongful death claim.
How long do families have to pursue a wrongful death car accident case in Texas?
Families have two years to pursue a wrongful death claim in Texas. The two-year time limit begins to run from the date of death, not the date of the accident.
There are some exceptions. For example, minors have until their 20th birthday to file. When the defendant is a unit of government, such as when the at-fault driver was working for a city, county, or the State of Texas, you may need to file a notice within just six months. Local municipalities may have an even shorter notice requirement.
Never wait to talk to an attorney and file your claim.
How a wrongful death attorney protects your family’s recovery
When a wrongful death occurs, you’re grieving. It can be hard to know what to do.
The insurance company may pressure you for recorded statements. They may want you to accept a settlement before the full picture is clear. Unfortunately, the insurance company isn’t on your side. They want to pay as little as possible.
A wrongful death attorney knows what it takes to prove your case. They know what your case is worth. Your attorney represents you in the wrongful death lawsuit and settlement. During the case, they explain what to expect and answer your questions.
Contact Haun Mena
Haun Mena is an experienced wrongful death lawsuit Firm in Texas. If you have lost a loved one, we can handle your claim.
Call or message us now.
