What happens after a fatal car accident? After a fatal car accident, certain surviving family members of the deceased person (decedent) can pursue damages from any liable parties through a wrongful death claim or lawsuit.
In contrast, the decedent’s estate can seek compensation through a survival action. Talk with a fatal car accident lawyer in Arlington to learn more.
Several Things Happen in the Immediate Aftermath of a Fatal Car Accident
An Arlington motor vehicle accident lawyer can detail the initial things that will happen after a fatal car crash. Many car accident attorneys value empathy and compassion. If you are coping with the loss of a family member in a fatal auto accident, your lawyer can handle your legal matters while you and your loved ones care for each other.
Following a fatal car collision, an investigation will get underway, and a crash report will be filed. In addition, a medical examiner can examine the deceased’s body to determine the cause of death, which will appear on the decedent’s death certificate. Outside of these things, the insurance companies of the parties involved in the accident can be notified.
If you want guidance from an Arlington car accident lawyer, now is the time to consult with the team at The Texas Law Dog. Our team has years of experience and will remain on your side as you deal with the ramifications of a family member’s fatal auto accident. If warranted, we can help you seek compensation from any liable parties. Contact us today to learn more.
Preserving Evidence Can Make a Difference After a Fatal Car Accident
Evidence collection is one of the things that should happen after a fatal car accident. However, whether evidence is preserved varies based on the specifics of the incident. Without sufficient evidence, it can be difficult to prove that someone is liable for a family member’s fatal car accident and that this individual or their insurance company should cover your losses.
Wrongful death attorneys can answer any questions you have about the importance of collecting evidence after a car accident. If you have accident scene photos and videos and other proof, you may be well-equipped to get compensation through a fatal auto collision lawsuit.
According to Texas Civil Practice & Remedies Code § 16.003(b), if you want to file a lawsuit relating to a family member’s fatal car accident, you typically have two years to do so. Your lawyer can discuss the eligibility requirements for filing a wrongful death lawsuit. If you meet these requirements, they can help you sue and gather evidence for your case.
Criminal Charges Can Be Filed After a Fatal Auto Collision
In some situations, criminal charges are filed against motorists after fatal auto collisions. This can occur after a fatal car accident that happened due to drunk driving, drugged driving, reckless driving, or various other reasons.
Prosecutors can file criminal charges against a motorist suspected of committing a crime that led to a fatal auto crash. If this happens, the prosecutors involved in the case, and not the decedent’s family, will handle all aspects of the litigation. They will collect evidence and take other measures to try to punish the at-fault motorist.
Regardless of whether criminal charges are filed after a fatal car crash, the decedent’s surviving spouse, children, and parents may seek compensation from any liable parties, per Texas Civil Practice and Remedies Code Chapter 71. If none of these parties files a lawsuit within three months of the death, the administrator or executor of the decedent’s estate can sue.
A Wrongful Death Claim or Lawsuit Can Be Filed After a Fatal Car Crash
Those who are eligible to file a wrongful death claim or lawsuit can do so on behalf of a decedent after a fatal car crash. Wrongful death lawyers can provide insights into what a claim or lawsuit will entail. They may be able to recover economic and non-economic damages from a liable party or their insurance company.
Once a claim is filed, your attorney can engage in settlement negotiations with an at-fault party’s insurer. If any offers are made, your lawyer will share them with you. As you decide on a proposal, your lawyer can give you information about whether personal injury settlements are taxable in Texas and similar topics relating to your case.
Alternatively, if you proceed with a trial, your lawyer will prepare your case for trial. They can collect witness statements, traffic camera footage of your loved one’s accident, and other evidence to use in their argument. Meanwhile, they can keep you updated about any settlement offers from the defendant.
The Decedent’s Estate Can File a Survival Action After a Fatal Car Accident
A survival action can happen after a fatal car collision. In a survival action, a deceased person’s estate can ask for compensation based on what the victim of a fatal auto accident experienced between the time they got hurt and their death. This allows the estate to request damages for the decedent’s lost income, medical bills before death, and other losses.
Depending on the situation, certain family members may be eligible to file a survival action and a wrongful death claim or lawsuit. Yet, if you move forward with both and each is successful, how damages will be awarded differs between the two.
If damages are awarded in a wrongful death case, they will be distributed to eligible statutory beneficiaries. Comparatively, the damages awarded in a survival action will be awarded to the deceased’s estate and distributed according to the decedent’s will or Texas inheritance law.
Learn More About What Can Happen in the Days and Weeks After a Fatal Car Accident
The team at The Texas Law Dog is available to assist those interested in filing wrongful death claims and lawsuits, as well as survival actions.
We can give you insights into what can happen after a fatal auto crash. If you want to request damages from anyone liable for your loved one’s fatal car collision, we are here to help. For more information, schedule a free case review.
