Across America, we have car accidents that prove to be more violent than the human body can withstand. Fatalities because of a car accident occur every day in America. What makes it even worse, is they happen every day just in the state of Texas alone. In 2018, the Texas Department of Transportation reported in 2018, 3,639 car accident-related deaths occurred in Texas. Roughly 10 Texans lost their lives every single day in 2018 due to preventable car accidents.
The past is the past. Unfortunately, it cannot change. Losing a loved one is always an exceedingly difficult time in an individual’s life. What makes it even worse is when it was at the hands of a negligent driver. Dangerous driving is a serious problem. This behavior often contributes to a large majority of the fatal accidents we see in Texas. Instead of continuing life without them while suffering, your family deserves to have financial compensation for their loss.
The best way to recover the proper compensation is to find a skilled Dallas car accident lawyer. Our top-rated attorneys will gladly handle any fatal car accident in Dallas. We will help you recover whatever compensation is necessary and rightfully justified after losing the life of someone close to your heart. Instead of dealing with an insurance company on your own and losing out on a large majority of what you deserve, hire our Reyes Browne law firm. Our attorneys know exactly what your loss of life is worth as we handled thousands of these types of cases over the last 30 years.
Process of a Wrongful Death Car Accident
The process of a wrongful death claim can be very tricky to maneuver. When someone is fatally injured by another driver’s negligent actions, the deceased individual cannot pursue the rightful justice on their own. The surviving members of the family are the only ones who can file a lawsuit.
However, only specific surviving relatives of the deceased can file a wrongful death claim in Dallas. Family members file lawsuits so they can hold the individual who was involved in the fatal accident as the at-fault party accountable. While this may seem easy enough to understand, going forward, there are extremely specific rules to follow in pursuing a wrongful death lawsuit.
You cannot be any family member to legally pursue a wrongful death claim in the court of law. In fact, only the closest of family members can pursue this lawsuit. However, siblings cannot pursue a wrongful death claim in the state of Texas. As strange as that may seem, there are only a small number of relatives who can pursue a wrongful death claim. The only relations that can are as follows:
- Parent of the deceased
- Spouse of the deceased
- Child of the deceased
In the rare occasion, the family members of the deceased do not want to file a wrongful death claim, the executor of the deceased individual’s estate can. Three months after the individual’s death without a claim being filed by the family allows the executor to file a claim even if they are not an eligible family member. However, Texas laws prohibit the executor from filing a claim while all eligible family members combine to forbid it.
The laws surrounding wrongful death claims are very particular and tricky to maneuver. Your best bet at a full recovery is to have a free consultation with a personal injury attorney as soon after the fatal crash as possible.
Why Get a Car Accident Lawyer
Getting a skilled car accident lawyer can help prevent your family from being taken advantage of by the insurance company. Proving fault can be the biggest hurdle you have to clear. The insurance company, with any death that occurs in an accident where their policy is involved, will try to deny their client’s liability. Once the insurance involves their defense lawyers, you will need the best help you can get.
The reason determining fault is so important is because this is where your compensation amount is most influenced. You may have an insurance policy of the at-fault individual with a maximum of $100,000 in the event of a death. However, if your loved one is listed as 20% liable, you will only receive a maximum of 80% of the $100,000. Oftentimes the other party is fully at fault. The insurance company finds a way to place any amount of blame on your deceased relative, so they are required to pay less to you.
Talk to a Fatal Car Accident Lawyer in Dallas Today
Having suffered a loss is difficult. You cannot replace a loved one. We understand that at Reyes Browne. However, in the event of a wrongful death car accident, we can certainly be the best assistance you could hire. Talk to our experts as soon as possible. We do not charge any fees unless we win your case. Call now for your free consultation at (214) 526-7900.