Wrongful Death Cases — Car Accidents
This blog was brought to you by J.A. Davis & Associates, LLP — McAllen Accident Injury Attorneys, principal office in San Antonio.
Losing a family member in a car accident is devastating under any circumstances. When that loss was caused by someone else’s negligence or deliberate misconduct, the grief is compounded by a profound sense of injustice — and by very real financial consequences that can affect the family for years to come. Our firm represents the families of loved ones who were negligently or intentionally killed in the state of Texas, and we fight to make sure those families receive the justice and compensation they are entitled to under the law. More about our car accident lawyers here.
What Is a Wrongful Death Case in Texas?
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or entity. These cases arise from a wide range of circumstances including car accidents, truck and 18-wheeler accidents, motorcycle crashes, drunk driving collisions, construction accidents, bus accidents, workplace injuries, defective products, dangerous drugs, and nursing home abuse. In every one of these situations, the legal foundation is the same: someone owed a duty of care to the person who died, they breached that duty, and that breach caused the death.
Proving negligence in a wrongful death case requires establishing four specific elements. The defendant must have owed a duty to the deceased — a responsibility to act with reasonable care given the circumstances. That duty must have been breached through negligent or wrongful conduct. The breach must be shown to have directly caused the fatality, not merely contributed to a situation that already existed. And the surviving family members must have suffered damages as a direct result of their loved one’s death. Our attorneys are skilled at building the evidence necessary to prove each of these elements clearly and persuasively.
Who Can File a Wrongful Death Claim in Texas
Texas law permits wrongful death claims to be filed by the surviving statutory beneficiaries of the deceased — specifically the surviving spouse, children, and parents of the person who was killed. The deceased’s personal representative may also bring a survival claim on behalf of the estate. The relationship between the plaintiff and the deceased affects both eligibility to file and the types of damages that can be recovered.
What Compensation Is Available to Surviving Families
Texas wrongful death law allows surviving family members to pursue compensation for the full economic and personal impact of their loss. Recoverable damages include all medical expenses incurred as a result of the defendant’s negligence prior to death, the loss of the deceased’s future income and earning capacity, property damage where applicable, and the value of services the deceased would have provided to the family over their lifetime. Loss of consortium — a surviving spouse’s right to companionship, affection, and support from the person who died — is also compensable, as is mental anguish and emotional pain and suffering experienced by surviving family members. When the conduct that caused the death was found to be wanton or willful, Texas courts may award punitive damages on top of compensatory recovery.
Why Experienced Legal Representation Matters in These Cases
Wrongful death cases involving car accidents require attorneys who understand both accident liability law and the specific procedural requirements of Texas wrongful death claims. Insurance companies representing at-fault drivers and their employers move quickly to limit their exposure after a fatal crash, and families who proceed without experienced counsel consistently recover less than their case is worth. J.A. Davis & Associates handles these cases with the legal rigor they require and the sensitivity the circumstances demand. Our team remains conscious of our clients’ emotional needs throughout the entire process while pursuing every dollar of compensation the law allows.
If you have lost a loved one due to another person’s or company’s negligence or misconduct in Texas, contact our office today for a free consultation. We are here to answer your questions and help your family find the path to justice.