After Losing a Loved one in a Fatal Auto Accident: Wrongful Death Attorneys
Fatal car accidents are common in El Paso, leaving family and loved ones shocked and grief-stricken by the sudden and permanent change in their lives. Losing a member of your family in a devastating accident is painful, and many families are not sure where to turn or if they have any recourse if another driver’s carelessness or negligence caused the accident. If you’ve lost a loved one in an auto accident, read on to see if an attorney at Carabin Shaw can help you.What You Need to Know About Wrongful Death
A “wrongful death” is one that occurs because of another person’s or corporation’s neglect, carelessness, or wrongful act. The circumstances of the injury resulting in the death determine the extent of wrongful death damages that the family of the decedent may recover. You will likely need a lawyer to help you decide if you should file a suit. Don’t hesitate to contact a Texas wrongful death lawyer to discuss your options, because, with few exceptions, a wrongful death suit must be filed within two years of the death.
In Texas, the Civil Practice and Remedies Code governs who can file a wrongful death suit and for what reasons. Only the parents, children, or spouse of the decedent can file a wrongful death suit. An adopted child can file a wrongful death suit for the death of an adopted parent, and a parent can file a wrongful death suit for the death of an adopted child, as long as the adoption was completed before the injury causing the death occurred. A wrongful death attorney in El Paso can determine if the entitled family members should file the suit as a group or if one or more of the family members should file on behalf of all those entitled. Siblings and other family members cannot file a wrongful death suit in Texas.What Damages You Can Claim After a Wrongful Death
Depending on the level of neglect or the willful nature of the act that caused the decedent’s death, the family may be entitled to both actual and exemplary damages. Actual damages are awarded for losses resulting directly from the death, such as medical bills, loss of potential income, and mental anguish. If the guilty party was grossly negligent, exemplary damages might be awarded in addition to actual damages to deter the person or corporation from participating in similar conduct in the future. El Paso wrongful death attorneys are experts in determining if your family is entitled to actual and exemplary damages.
There is no average settlement for wrongful death malpractice in Texas. Each fatal car accident is unique in its circumstances, and you will need to consult a lawyer to determine the best course of action for the surviving members of your family. Factors that affect whether you should file a wrongful death suit and the damages you may be entitled to if your loved one dies in a car accident include:
- Drug or alcohol use by the other driver
- Driver distractions, such as using a cell phone while driving
- Excessive speeding
- Failure of other drivers to observe traffic laws
El Paso personal injury lawyers are the best resource you can have when you lose a loved one in an untimely accident. They have the experience to guide you and your family through necessary legal decisions at a vulnerable and overwhelming time in your life. Talking to an attorney can give you peace of mind that someone is looking out for your interests while you grieve and deal with your loss.
Don’t hesitate to call Carabin Shaw in El Paso at 915-779-2301 to protect yourself and recover the damages you are entitled to after losing a loved one in a fatal auto accident. You can also reach us toll-free at 800-862-1260.