CAN YOU FILE A LAWSUIT FOR THE WRONGFUL DEATH OF A FAMILY MEMBER AFTER A CAR ACCIDENT IN TEXAS?
A car accident can lead to severe personal injuries, debilitating emotional anguish, and worse, death. You can sue for the wrongful death of a family member resulting from a fatal car accident. Although the lawsuit doesn’t return the family member, its success compensates you for all the economic and non-economic losses incurred due to the wrongful loss of your loved one. You may decide to engage a Dallas fatal car accident attorney to represent you.
How to prove wrongful death
Legally, wrongful death results from another person’s intended or unintended negligence. Negligence in law refers to careless or reckless actions that disregard a duty of care. It may even be criminal behavior, such as a violent assault.
The circumstances of a fatal car accident may result in wrongful death. For instance, the car accident may have occurred because the driver acted in a way that led to the accident, and their negligent action could be deemed wrongful.
But even with such definitions and knowledge in mind, it might be hard to determine whether your loved one’s death qualifies as wrongful death. Making the call to knowledgeable Dallas fatal car accident attorneys can help you figure out whether you have the basis for a wrongful death lawsuit.
Driver actions that may result in wrongful death
Some dangerous driving behaviors that may result in wrongful death include:
- Driving faster than the required speed limit.
- Driving under the influence.
- Changing lanes without indicating.
- Driving an unsafe car.
- Driving too close behind another vehicle.
- Making an illegal turn.
- Disregarding traffic light signals or rules etc.
Depending on the accident’s circumstances, you can sue a driver for the wrongful death of your loved one. If the driver committed any careless driving behaviors mentioned above, your lawyer might name them the defendant of a wrongful death lawsuit.
In some scenarios, a car defect such as brake or engine failure may have caused the car accident resulting in the death of your loved one. Still, the driver could be at fault and may have put your family member at risk by:
- Driving a car with worn tires.
- Not securing the load to the outside of the vehicle.
- Driving a vehicle with underinflated or overinflated tires.
- Driving a car with a defect, they knew about or should have known about.
Losses you may recover.
You can recover the following losses by suing for the wrongful death of a loved one in a car accident.
- Economic losses related to your loved one’s passing including medical costs, funeral costs, and loss of their income. The long-term loss of the deceased’s income or wages may be hard to calculate, which is where a lawyer comes in.
- Pain and suffering- losing a loved one in a car accident leaves you with long-term pain and suffering, which you may be compensated for.
- Loss of consortium covers the loss of affection and other comforts the deceased person provided.
Losing someone in a car accident is a tragic loss, but you may get compensation through a wrongful death lawsuit.
Leave a Reply