Fatal Crash on IH-37: What Families Need to Know About Wrongful Death Claims in Texas

Interstate Highway 37 (IH-37) is a 143-mile high-speed travel route that runs between San Antonio and Corpus Christi, Texas. According to an I-37 corridor study conducted by TxDOT, multiple segments of this interstate have higher crash rates than the state average. Although planners are working on improvements, deadly motor vehicle accidents do occur, and the family members of deceased crash victims suffer irreparable harm as a result. At Carabin Shaw, we advise them to meet with one of our reputable personal injury lawyers to consider filing a wrongful death claim for their damages.

The Texas auto accident lawyers at Carabin Shaw provide the opportunity for families to try to recoup some of the financial losses they suffer after the death of a loved one. We work on a contingency-fee basis, so you pay nothing unless we win. Our law firm is committed to helping you every step of the way to ensure you get the justice and compensation your family deserves. Read our law firm’s client reviews to find out more about our supportive legal services. Contact us to schedule your free consultation to discuss the specifics of your case with absolutely no obligation.

A Texas wrongful death claim is a civil action filed against a person or party who is liable for a death, typically for committing an act of negligence, but also for intentional acts. A negligent act is one for which the liable party had a duty of care, breached that duty, and the breach of duty caused the death. The deceased victim’s family members can file a claim for damages.

Damages in a wrongful death claim do not include the injuries of the deceased victim. Instead, they include the family's damages resulting from the death. Wrongful death damages that your attorney may help you to claim include:

• Lost wages and benefits of the deceased
• Mental anguish related to the loss
• Loss of companionship
• Loss of household support
• Funeral and burial expenses

The surviving family members of a victim in a fatal car accident on IH-37 should hire a wrongful death attorney in Texas to ensure they claim complete damages.

Only the direct family members of the deceased victim can claim damages in a wrongful death claim in Texas. This includes the parents, children, and spouse of the deceased. It also includes adopted children, and Texas recognizes common-law marriage. In addition, the defense cannot use a relationship or common-law marriage that the spouse may have with another partner in an attempt to reduce damages.

An heir, legal representative, or the victim’s estate may file a survival cause of action as opposed to a wrongful death claim. In this type of case, the plaintiff would be eligible for damages as if the victim were still alive. Consulting with a lawyer prior to filing a claim is the best way to know if you are in a legally sound position to file either type of claim after a wrongful death.

The weight of losing a loved one can deter surviving family members from filing a wrongful death claim. However, a compassionate fatal car accident lawyer can help you to see how wrongful death compensation can allow you to maintain your livelihood throughout the grieving process.

There are many people and parties that may be responsible for a wrongful death, including third parties such as vehicle manufacturers or road maintenance companies. Collecting the evidence, computing damages, and filing a wrongful death claim is one of the only ways to get the compensation you deserve for someone else’s deadly negligence or intentional wrongdoing.

At Carabin Shaw, we work hard to see that you get the best representation possible, along with maximized compensation, to help you survive without your loved one. Call our law firm’s toll-free number at 1-800-862-1260 to schedule a free consultation. We have English- and Spanish-speaking staff available 24/7 to take your call.

For more information:

• Texas Department of Transportation
• Cornell Law School
• Civil Practice and Remedies Code