Understanding Fatal Injury & Wrongful Death Claims in Texas
Losing a loved one with a fatal injury due to someone’s negligence or wrongful actions is excruciatingly painful. In Texas, wrongful deaths can occur from preventable incidents that include car accidents, workplace injuries and defective products. Although you might still be grappling with grief, it is possible to hold the responsible party accountable for their actions that led to the loss.
Wrongful death claims are legal actions that people take when they are seeking justice and the compensation they need to recover from losing someone they love. In some cases, the deceased person’s estate might pursue survival actions that seek compensation for the pre-death losses, such as medical bills.
In both situations, taking legal action during this difficult time could help you or someone you love move forward emotionally and financially after a significant personal loss.
What Qualifies as a Fatal Injury in Texas?
Fatal injury claims must meet the legal standards as defined by the state of Texas. For instance, there must be evidence that supports the claim that a person’s death was caused by another party’s wrongful act or negligence.
As you consider the possibility of filing a wrongful death claim, it’s important to know that there is a broad range of accidents that could cause fatal injuries. The following are just a few of the most common accidents a catastrophic injury lawyer sees when people seek consultations regarding wrongful deaths.
- Motorcycle accidents
- Car, truck and commercial vehicle crashes
- Workplace and industrial accidents
- Premises liability accidents
- Defective products
What Should Families Do After a Fatal Accident?
The steps that you take after a fatal accident can have a major impact on the outcome of your case. Following these steps can help you avoid making common mistakes that could make it harder to make a fatal injury claim.
Secure a Police Report
Fatal accidents typically involve situations that require a police response. The police report will provide key details that can include a description of what the responding officer sees and hears at the scene. A fatal injury lawyer can use the police report as potential evidence of what happened, and it may contain vital information regarding witnesses and other support for the claim.
Preserve All Evidence
The desire to purge any reminders of the accident is normal when you’ve lost a loved one. But, throwing essential evidence away too soon could make it harder to prove what happened. Try to preserve broken equipment, safety gear, clothing and other types of evidence that your lawyer could use to build the case.
Avoid Speaking to Insurance Companies
Insurance companies are finally motivated to handle potential wrongful death claims as swiftly and as cheaply as possible. While you may know to avoid accepting a settlement right away, it is also possible to say something that could jeopardize your case. Even saying that you are struggling financially to pay the medical bills could make it harder to recover essential compensation.
We strongly encourage you to leave speaking with the insurance companies to your lawyers, who know how to navigate complicated cases.
Notify Close Family Members
Reaching out to close family members puts you in touch with immediate sources of support that can help you begin the process of handling the tragedy. As you grieve together, you’ll also be better able to begin handling the legal aspects of your loss.
Contact a Wrongful Death Attorney As Soon As Possible
A catastrophic injury attorney can provide the most guidance when you contact them about your loss right away. For example, our attorneys prefer to interview witnesses when the event is still fresh in their minds. We may also be able to help gather evidence before it gets lost or destroyed.
Understanding Wrongful Death Claims in Texas
A wrongful death involves someone losing their life due to the actions or negligence of another party. To file a claim in Texas, you’ll need to be a close relative of the person who lost their life, which usually includes the following types of relationships.
- Spouse (Texas recognizes both legal and common law marriages)
- Child (Biological and legally adopted)
- Parent of the deceased
- The estate, if the family doesn’t file a claim
Wrongful death damages can include:
- Loss of companionship
- Loss of financial support
- Loss of household contributions
- Mental anguish
- Funeral and burial expenses
In Texas, you have two years from the initial date of the incident to file a wrongful death claim. You’ll often hear this referred to as the statute of limitations for these types of cases. If you believe that the time limit has run out, then you should still contact a fatal injury lawyer to identify possible options for still seeking compensation.
Taking a Look at Texas Survival Actions
Survival actions work differently from wrongful death claims by focusing on damages that occurred while the deceased person was still alive.
A representative of the deceased’s estate may file a survival action, and this could cover these damages:
- Medical expenses before death
- Pain and suffering before death
- Lost wages before death
Wrongful death and survival claims can often be filed together. For example, the estate might file a survival action to cover the cost of medical bills and lost wages as the family files a wrongful death claim to recover compensation for loss of companionship.
Determining Fault in Fatal Injury Cases
Fatal injury cases could involve multiple parties who all try to avoid taking the blame. This is why evidence is so important for proving negligence, and we can use these types of proof to bolster a claim.
- Medical records
- Police reports
- Accident reconstruction
- Witness statements
- Photos and videos
We may also assess the involvement of multiple liable parties that might include the following:
- Employers of commercial drivers
- Drivers of vehicles that were involved in the accident
- Property owners
- Healthcare providers
- Manufacturers
Comparative negligence is a legal concept in Texas that could impact your wrongful death claim. This concept takes the perspective of multiple people being potentially responsible for a percentage of an accident. Shared fault could affect compensation by allowing a person to only be held responsible for covering the percentage of damages that relates to their contribution to the accident.
Fatal Injuries Caused by Specific Types of Accidents
Sadly, there are many types of accidents that are recognized for posing a higher risk of fatalities.
Fatal Car Accidents
- High-speed collisions
- Drunk driving
- Distracted driving
Fatal Truck Accidents
- Liability involving trucking companies
- Commercial trucking regulations
Fatal Motorcycle Accidents
- Lack of physical protection
- Driver visibility issues
Fatal Workplace Accidents
- Construction and industrial injuries
- Third-party claims
Fatal Premises Accidents
- Unsafe conditions
- Inadequate security
Mitigating Insurance Issues in Fatal Injury Cases
Dealing with insurance companies should be left to professional attorneys. Insurers have a clear interest in paying out the lowest amount of compensation possible. During your time of grief and stress, it’s too easy to fall for a low-ball settlement offer. Allowing our lawyers to negotiate with the insurance company on your behalf lowers stress levels and smooths the way for recovering the proper amount of compensation.
You could also run into the issue of the at-fault party being uninsured. Lawyers can help identify other potential strategies for managing your claim, such as identifying if a third-party contributed to the accident, such as a parts manufacturer in an auto accident case.
Determining the Difference Between Criminal Charges Vs. Civil Wrongful Death Claims
The biggest difference between the two types of cases is that filing criminal charges is meant to punish the offender. For example, this might make sense in the case of a drunk driving accident, where fines and imprisonment might be possible penalties.
Civil wrongful death claims are meant to recover compensation for the surviving parties. You can pursue this type of claim without criminal charges. However, a criminal conviction could help to strengthen a wrongful death case by proving guilt. Keep in mind, however, that you shouldn’t wait for criminal proceedings to finish since time is of the essence for managing your civil wrongful death claim.
Explore the Compensation That May Be Available for Fatal Injury Cases
Catastrophic injuries often lead to several types of damages that could be compensated by the outcome of your case. Taking a look at the various types of compensation survivors are rewarded helps you plan financially for your family’s recovery.
Economic Damages
This type of compensation focuses on the very obvious financial needs of survivors in these types of cases, and this category includes the following:
- Lost income
- Medical bills
- Funeral costs
Non-Economic Damages
This category covers the intangible losses that you may face after a wrongful death accident.
- Grief and mental anguish
- Loss of companionship
Punitive Damages
Although this type of compensation doesn’t always apply to every case, there are situations where a court might award punitive damages. You might receive a portion of punitive damage compensation for the other party’s negligence. Or, the court might require the responsible party to contribute funds toward improving safety or as a deterrent for making future mistakes.
Compensation for economic damages is sometimes calculated based on the cost for medical care, funeral arrangements and other provable expenses. However, an insurance company or court might look at other similar cases to calculate the compensation for the loss of companionship or your grief. Legal experts can also help ensure that you receive the appropriate amount of compensation given the unique circumstances of your case.
Know How a Texas Fatal Injury Lawyer Helps Families
An experienced wrongful death attorney makes it their mission to help families by offering these services.
- Investigating the fatal accident
- Working with medical experts and accident reconstruction teams
- Building a strong legal claim
- Filing wrongful death and survival actions
- Handling insurance companies
- Taking the case to court when necessary
- Negotiating fair settlements
Understand How Long Fatal Injury Cases Take
The complexity of fatal injury cases can cause them to take longer than other types of legal claims. Due to the financial compensation these cases involve, it is not unusual for insurance companies and private entities to balk at the initial claims.
On average, you can expect a fatal injury case to span several months to years. Keep in mind that a settlement will typically occur faster, since this involves negotiating with an insurance company to reach an agreed-upon amount of compensation.
Meanwhile, litigation involves going to court, which could cause the case to take longer. Needing to wait for a court date, potentially participating in a trial, and waiting for multiple parties to make decisions can naturally drag out a wrongful death case.
Throughout the process, you’ll want to work with your lawyer to figure out when a settlement vs. going through litigation makes the most sense for your needs. Either way, your lawyer will walk you through each step to ensure that you don’t miss a deadline or accidentally say something that threatens your case.
Make Sure to Avoid These Common Mistakes Families Make
Some simple mistakes can impact the success of your wrongful death claim, and these include the following actions:
- Accepting early settlement offers
- Missing important deadlines
- Posting on social media
- Signing documents without legal review
Feeling the pressure to accept an early settlement could cause you to miss out on compensation that you’ll need in the future. A fatal injury attorney can help you comply with essential guidelines and understand your rights to full compensation. You can also lean on our attorneys to provide guidance on making social media posts and signing documents to help you move forward with full confidence in every decision.
Get Help With Your Fatal Injury Claim from Haney Paschal & Romoser
When you are in the depths of grief, it can be hard to look toward the future. But, holding the responsible people accountable for a wrongful death could help you receive compensation that protects your finances as you mourn your loss. Protecting your rights could also help others not fall prey to the same negligence or wrongful acts that hurt your loved one.
Reach out to a wrongful death lawyer today to get help seeking justice for your loved one. With a professional legal team on your side, you can begin lifting the burdens you carry as you rebuild your life following your recent tragedy.