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Can I File a Wrongful Death Claim If My Loved One Died in a Texas Car Wreck?

Posted on in Wrongful Death

Corpus Christi wrongful death lawyerWhether it is due to an auto accident or another incident, losing a loved one unexpectedly is incredibly difficult. Even after a long period of mourning and healing, there are often financial obligations that need to be taken care of. In some cases, the surviving members of the family may be able to file a wrongful death claim in order to receive compensation for their loss. 

If your loved one died in a car wreck in Texas, you might be wondering if filing a wrongful death claim is an option for your family. Generally speaking, wrongful death claims are allowed in the state of Texas, as long as certain criteria are met. To determine if you can file a wrongful death claim in your case specifically, it is important to consult with an experienced attorney.

What Is a Wrongful Death Claim? 

Any unexpected death can feel like a so-called “wrongful” death. However, Texas defines a wrongful death as a death caused by another party’s wrongful actions, negligent actions, carelessness, unskillfulness, or failure to act. Drunk driving, distracted driving, speeding, failure to yield, reckless driving, and other forms of negligence may lead to a wrongful death case.  

Who Can File a Wrongful Death Claim? 

Texas law states that wrongful death claims must be brought to court by the executor or administrator of the deceased’s estate. This is typically a spouse, adult child, or parent of the deceased. In certain cases, an independent representative may also be appointed by the court in order to file a claim on behalf of certain family members.

What Is the Purpose of a Wrongful Death Claim?

In the midst of your grief, filing a legal claim may be the last thing on your mind. However, a wrongful death claim may benefit you and your family in several ways. For some, bringing a wrongful death claim against the at-fault party gives them a sense of justice and closure. A wrongful death claim may also allow for the recovery of damages, including compensation for: 

  • Medical bills associated with the deceased person’s injury, illness, or hospitalization 
  • Lost wages the deceased person would have earned 
  • Pain and suffering of the deceased before their death 
  • Loss of companionship or loss of care 
  • Funeral and burial expenses  

If you have lost a loved one in an auto accident, it is important to understand your legal rights and options. An experienced wrongful death attorney can provide you with further guidance on filing a claim and help ensure that the process is handled properly. 

Contact Our Nueces County Wrongful Death Lawyers 

At The Edwards Law Firm, we know that losing a loved one is extremely painful. We are here to help you understand your legal options and take the next steps. Call our Corpus Christi wrongful death attorneys at 361-698-7600 for a free consultation. 

 

Source:

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm

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