The days after a fatal crash can be a blur. You’re making funeral arrangements one moment and fielding a call from an insurance adjuster the next, often with no idea what your family is even entitled to. A fatal car accident lawyer in McKinney can take that second part off your plate entirely.
Grieving families are often seen as easy targets. Adjusters know that a quick, modest offer is more likely to be accepted by someone who’s exhausted and just wants the process to be over. Before founding The Texas Law Dog, Matt Aulsbrook spent years inside the insurance industry, so he’s seen firsthand how this plays out.
A McKinney car accident lawyer with that relevant expertise will push back against insurers and pursue every source of compensation you’re entitled to. Get in touch for a free case review; in fact, there is no fee at all unless we win your case.
What a Wrongful Death Claim Can Address
Under Texas’s Wrongful Death Act, found in Texas Civil Practice and Remedies Code Chapter 71, surviving family members can pursue compensation for the ways a loved one’s death has changed their lives. That includes:
- Loss of the income and financial support your loved one provided
- Loss of their care, companionship, and guidance
- Mental anguish experienced by surviving family members
- Loss of inheritance the family would have reasonably expected
- Reasonable funeral and burial costs
There’s also a separate survival claim, brought on behalf of your loved one’s estate, covering pain, medical costs, and suffering they experienced between the crash and their death. Families often don’t realize both claims exist, which means compensation they’re entitled to goes unclaimed. A McKinney personal injury lawyer makes sure this doesn’t get left on the table.
Who Can File and What Damages May Be Available
Texas restricts who can bring a wrongful death claim to a specific group: the surviving spouse, surviving children, and surviving parents. If none of them files within three months of the death, the estate’s representative may file on the family’s behalf, unless all of the eligible family members request that they not.
The damages available depend on your relationship to the deceased and the financial and emotional impact of the loss. A spouse’s claim, for example, often accounts for lost household income and companionship, while a parent’s claim may focus more heavily on emotional loss. This is one of the more misunderstood parts of Texas wrongful death law, and getting it wrong at the start can complicate a claim that should have gone smoothly.
McKinney Fatal Car Accident Lawyer Near Me (817) 775-5364
How Liability is Proven After a Deadly Crash
Fault in a fatal crash isn’t always obvious from the police report alone. Building a strong case usually means looking at:
- Event data recorder information showing speed, braking, and steering just before impact
- Cell phone records to check for distracted driving
- Toxicology results and blood alcohol testing
- Dashcam or nearby surveillance footage
- Maintenance and inspection records, particularly if a commercial vehicle was involved
Some of this evidence is only available for a short window after the crash. Vehicles get repaired or scrapped, and data can be overwritten, so acting quickly often determines how much proof is available months later when the case is being negotiated or tried.
Steps You Can Take to Protect Your Claim
While the legal work is best left to a fatal car accident attorney in McKinney, there are a few things families can do early on that make a real difference later:
- Avoid giving a recorded statement to any insurance company before speaking with a lawyer.
- Keep a folder of every bill, receipt, and piece of paperwork connected to the crash.
- Write down what you remember about the days surrounding the crash while it’s still fresh.
- Let all communication with the at-fault driver’s insurer go through your attorney once you’ve hired one.
None of this requires legal training. It simply protects the claim from mistakes that are easy to make while you’re grieving and hard to undo later.
How Insurers May Try to Shift Blame
Once fault starts pointing toward their policyholder, insurance companies rarely accept it quietly. A common response is arguing that the deceased driver contributed to the crash in some way, even when the evidence doesn’t support it. Under Texas’s modified comparative fault rule, any percentage of blame assigned to your loved one reduces the family’s recovery by that same amount, and a finding of 51% or more fault bars the claim entirely.
Adjusters know this rule well, and a vague or incomplete investigation gives them room to use it. They may also point to a lapse in the deceased’s insurance coverage, a missed inspection sticker, or a minor traffic violation from months earlier, hoping something unrelated will stick.
A fatal car accident attorney in McKinney anticipates these arguments and builds the case to close off that room before the insurer ever gets to make them.
Why Timing Matters Under Texas Law
Texas Civil Practice and Remedies Code Section 16.003 generally gives families two years from the date of death to file a wrongful death lawsuit. If a government entity is involved, such as a city vehicle or a poorly maintained public road, the notice deadline can be as short as 45 days, which catches many families off guard.
Two years sounds like a long time until you consider what actually has to happen within it: an independent investigation, expert review of the evidence, and negotiations that can stretch on for months before a fair settlement is reached. Waiting to speak with a fatal car accident lawyer in McKinney doesn’t just delay the process; it shrinks the time available to do it properly.
Speak With a Fatal Car Accident Lawyer in McKinney
Nothing about a settlement makes up for the loss your family is carrying, but it can take the financial pressure off while you grieve. The Texas Law Dog works on contingency, so there’s no upfront cost to your family and no fee unless the firm recovers compensation on your behalf.
If your family lost someone in a deadly crash, reach out for a free consultation. A fatal car accident lawyer in McKinney can explain your options clearly and start protecting your family’s claim right away.
