Things can look bleak in the aftermath of a family member’s fatal auto crash. Remember, you are not alone during this challenging time. If someone else caused your loved one’s fatal accident, you can request compensatory damages from them. To find out how this works, meet with a fatal car accident lawyer in Austin.
Allow the empathetic and compassionate attorneys at The Texas Law Dog to assist you with your fatal auto crash case. Our team has years of experience with personal injury claims and lawsuits. With guidance from a car accident lawyer in Austin on our team, you can decide whether now’s the time to proceed with a wrongful death case. Reach out to us today.
What to Expect if You File a Fatal Car Accident Claim in Austin
Your Austin personal injury lawyer can provide FAQs and other resources regarding wrongful death claims. Generally, once your claim is filed, an insurance company will investigate. If the insurer finds that their client is liable, settlement negotiations can get underway.
With an attorney on your side, you can receive help with settlement negotiations. Your lawyer can explain whether personal injury settlements are taxable in Texas and discuss similar topics with you. Meanwhile, they can position you to get a fair settlement. Or, if no agreement is reached, your lawyer can help you take your case to trial.
The Texas Law Dog will handle your fatal car accident claim with care. Our attorneys will remain in regular communication with you as your claim progresses. Any time you have claim concerns or questions, we want to address them right away. Trust us to help you with your wrongful death claim. For more information, schedule a free case review.
How Much Time Do You Have to File a Fatal Auto Accident Lawsuit
Based on Texas Civil Practice & Remedies Code § 16.003(b), if you want to sue someone for a fatal auto accident, you typically have two years to do so. Your Austin fatal car accident lawyer can provide you with information about the statute of limitations for your lawsuit.
Just because you file a lawsuit for a wrongful death doesn’t necessarily mean that your case will go to trial. Your attorney can engage in settlement negotiations with a liable party before your trial date. If these negotiations are successful, you may be able to get an offer that covers your tangible and intangible losses.
Your attorney can describe what can happen if you accept a personal injury structured settlement. If you don’t receive a settlement that you feel is reasonable, your attorney has no issue with presenting your case to a judge or jury.
Austin Fatal Car Accident Lawyer Near Me (817) 775-5364
Who is Able to File a Fatal Car Crash Lawsuit
Per Texas Civil Practice and Remedies Code Chapter 71, the surviving spouse, children, or parents of a deceased person (decedent) can file a wrongful death lawsuit. For these parties, they can sue for compensatory damages in alignment with the two-year statute of limitations.
The executor or administrator of a decedent’s estate can file a lawsuit on the deceased’s behalf within three months of this individual’s fatal auto accident. However, they can only do so if none of the decedent’s surviving family members eligible to sue choose to file a wrongful death lawsuit.
Wrongful death lawyers can examine the specifics of your situation and whether you are eligible to file a fatal auto crash lawsuit under Texas law. If so, your attorney can help you seek economic and non-economic damages.
Compensation That You Can Request in a Fatal Car Collision Lawsuit
The compensation that you will receive if you file a fatal car collision lawsuit in which the court awards damages will depend on your losses. Your wrongful death attorney can assess your losses and estimate your case’s value. Potential damages often include:
- Medical bills that your loved one incurred prior to death
- Loss of income
- Pain and suffering
- Emotional distress
- Burial and funeral expenses
- Loss of companionship
Your lawyer can collect traffic or dash cam footage of your loved one’s accident, witness statements, police reports, and other evidence to support your damages request. With relevant evidence, your attorney will be well-equipped to prove negligence.
How Negligence Can Impact Your Fatal Auto Accident Case
Before your trial, your lawyer will prepare an argument centered on negligence. They want to make it clear to a judge or jury that the defendant engaged in careless or reckless behavior that contributed to your loved one’s fatal accident.
In a trial, your attorney can argue that the defendant’s actions directly correlate to your loved one’s fatal auto accident and the losses you’ve suffered. They can use evidence to highlight how the defendant’s actions were negligent. Along with this, they will dispute the defendant’s claims.
What Can Occur If Your Loved One is Partly Liable for Their Fatal Accident
According to Texas Civil Practice & Remedies Code § 33.001, modified comparative negligence applies to wrongful death cases involving fatal auto accidents. With this, if your loved one is found to be partly liable for their auto accident, you may only recover partial damages.
Under modified comparative negligence in Texas, you are subject to a 50% rule. Due to this, if your loved one is found to be 1-50% liable for their auto collision, you can still get damages, but these will be reduced by their percentage of fault. Alternatively, if your loved one is deemed to be more than 50% to blame, you can’t recover damages.
Your lawyer will account for modified comparative negligence as they craft their argument. They will interview witnesses, review police reports, and take other measures to build a case that will resonate with a judge or jury. By doing so, they could help you achieve the optimal case outcome.
We Don’t Just Bark, We Bite
As you search for an Austin fatal car accident attorney, consider The Texas Law Dog. Our lawyers want to help you with your fatal auto accident case in any way possible.
Give us the opportunity to represent and advocate for you and your family. To learn more, request a free case review.
