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A fatal car accident can be a case of wrongful death if another is negligence caused the accident. Some serious injuries (such as those resulting in coma, brain damage, and spinal cord damage) do not immediately result in death. In these situations, the victim and your family may have already filed a claim for personal injury against the negligent driver. If the injury eventually results in your loved one is dead, the personal injury case remains intact in what is known as a survival action. Fatal car accidents are just one of the many causes that can result in wrongful death. Attorney Julie Johnson, a wrongful death attorney in Dallas at the Law Office of Julie Johnson, spent the last 25 years helping wrongful death families get the justice and compensation you deserve for your losses.
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Who Can File A Wrongful Death Claim On Behalf Of Someone Who Was Killed In A Car Accident?
The Texas laws for wrongful death actions allow the surviving spouse, children, and parents of the deceased to file a claim for damages resulting from the death of their loved one. A fatal car accident can be a case of wrongful death if another’s negligence caused the accident. In most cases, the other driver will be liable for causing the fatal injuries, and you may be eligible to file a wrongful death claim against those responsible.
To file a wrongful death claim in Texas you must prove that you are the spouse, child, or parent of the deceased. The death must have occurred because of negligent actions by another party and claimants must establish liability for the death. In the case of car accidents, your family will have to provide evidence that shows the other driver was at fault for causing the crash. Claimants cannot establish a wrongful death claim unless there is proof that the death was because of another party’s negligence. Another factor to consider in filing a wrongful death claim is time. The Texas statute of limitations establishes that your family must file the wrongful death action within two years of the death.
“If one of the eligible immediate family members have not filed a claim within three months of the death, the executor or administrator of the deceased’s estate may bring the action. ”
Transitioning a Personal Injury Claim to a Wrongful Death Claim
Some serious injuries (such as those resulting in coma, brain damage, and spinal cord damage) do not immediately result in death. In these situations, the victim and your family may have already filed a claim for personal injury against the negligent driver. If the injury eventually results in your loved one’s death, the personal injury case remains intact in what is known as a survival action. It is important to work with a personal injury attorney who has experience handling cases of wrongful death, as the laws and settlement process differ in these cases. Rather than seeking compensation for long-term damages done to the victim, the damages in a wrongful death action will reflect the burden and losses of the family of the deceased.
Fatal car accidents are just one of the many causes that can result in wrongful death, and Julie’s team Hire is here to help your family recover financially and Attorney emotionally. Contact the Law Office of Julie Johnson, PLLC today to schedule a free consultation regarding your case and learn how attorneys ease the burden of the legal process.
Contact Details https://www.juliejohnsonlaw. com/contact-us/ 12222 Merit Drive, Suite 1202 Dallas, Texas 75251 214-290-8001
