Can a family member sue after a fatal car accident? Yes, a family member can sue, depending on who that family member is.
While losing a loved one is difficult for the whole family, there is a specific hierarchy on who is allowed to file and in what order. Working with a fatal car accident lawyer in Arlington can help you understand if you have a case.
A Wrongful Death Lawsuit Is Different From a Criminal Case
Many families assume someone must first be convicted of a crime before they can file a lawsuit. This is not always the case. Wrongful death claims are civil actions, meaning you may have a case whether or not criminal charges are filed.
Civil cases often have different objectives than criminal cases. While criminal cases focus on punishing the wrongdoer, civil cases often focus on compensating the victim or their family for the suffering that they have experienced. However, there is often overlap, and a situation may call for both a criminal and civil case.
Even if no criminal charges are ever brought, a family member can sue after a fatal car accident by filing a civil case. While no amount of money can bring back a loved one, it may help ease financial burdens and provide support while grieving. An Arlington wrongful death lawyer may be able to help.
Texas Law Allows Certain Family Members to File a Wrongful Death Lawsuit
In Texas, only certain family members can file a wrongful death claim after a fatal car accident, and there is a specific order in which they can file (Chapter 71 of the Texas Civil Practice and Remedies Code). This ensures that payment goes to those most likely to be financially affected by the loss. This includes:
- Surviving spouse
- Children (including legally adopted children)
- Parents
- Personal representative of the estate under certain circumstances if eligible family members do not file within the statutory period
In Texas, siblings and other relatives are generally barred from filing wrongful death cases, even if the deceased has no living spouse, children, or parents.
Families Must Prove That Negligence Caused the Death
To file a wrongful death claim, there must be proof that it was negligence that caused the death. In the scenario of a fatal car accident, your legal team will work to prove this negligence and build a strong case for it.
When on the road, all drivers have a duty of care to ensure they are sober, paying attention to the road, and that their vehicle is safe to operate. This same requirement extends to commercial vehicles and trucking companies. If they fail to abide by this duty of care, that could demonstrate negligence.
In addition, property owners, governments, and municipalities must take proper care to ensure that the roads they are responsible for are safe, meaning well-maintained, with proper signage displayed and warnings posted in unsafe areas. If this did not occur, families may be able to sue after a fatal car accident.
Compensation Is Not Limited to Financial Damages
When a family sues after a fatal car accident, there are several damages they may be owed. While it is impossible to quantify someone’s life into a financial number for a lawsuit, there are common financial and non-financial losses that a family may be able to recover. Potential damages include:
- Medical expenses before death
- Funeral expenses
- Burial costs
- Loss of financial support
- Loss of household services
- Loss of inheritance
- Mental anguish
- Loss of companionship
- Loss of parental guidance
- Exemplary damages in qualifying cases
Depending on the family member bringing the lawsuit, there may be different damages involved. Speaking with a qualified Arlington personal injury lawyer can help you determine what applies best for your case.
More Than One Party May Be Responsible for a Fatal Car Accident
It is not uncommon for more than one party to be liable in the event of a wrongful death. Often, several factors can come into play and turn what may have been a minor accident into a fatal one.
It is typical to see the other driver included in the list of liable parties. Still, commercial trucking companies, employers, vehicle manufacturers, government entities, and bars and restaurants in dram shop situations may all be held responsible. Your attorney will look at the situation as a whole to determine who they believe to be liable.
By looking at your case from every angle, this allows families who sue after a fatal car accident to receive the maximum compensation for their losses. It also ensures that all parties involved are held financially responsible for their actions or lack thereof.
There is a Limited Time for a Family Member to Sue After a Fatal Car Accident
In Texas, you generally have two years from the date of death to file a claim for a wrongful death before it becomes time-barred and you can no longer pursue damages (Texas Civil Practice and Remedies Code Section 16.003). This is why starting the process promptly is so essential.
Not only does waiting make you run the risk of missing your two-year deadline, but it can also make it harder to prove negligence. By waiting, evidence may be lost, damaged, or destroyed, witness memories may fade, and those witnesses may be more challenging to locate.
Waiting could also affect you financially, as bills can continue to stack up while you navigate the grief process. This can result in late fees, credit damage, and other financial consequences that may have long-term effects.
The Texas Law Dog Is Here to Fight for You
Losing a loved one in such a tragic way, such as a fatal car accident, can create lasting emotional trauma. At The Texas Law Dog, we help families take on the big insurance companies so you can focus on what is most important.
Contact us today for your free consultation. At The Texas Law Dog, we don’t just bark – we bite.
