Filing a Wrongful Death Claim After a Texas Wrong Way Car Accident

In the United States, wrong-way accidents can kill hundreds of people every year. These accidents can be particularly deadly when compared to other types of collisions, and account for as many as 54 percent of traffic accident-related deaths in previous years. In the event of one of these devastating accidents, if someone you love is killed because of the neglect and carelessness of another driver, you may have grounds for a personal injury or wrongful death suit for monetary damages.

According to a local news report, two San Antonio residents and four others were killed after a wrong-way accident. Evidently, two vehicles crashed into each other head-on, resulting in one driver being pronounced dead on the scene and his passenger succumbing to her injuries after being transported to a local hospital for treatment. The other victims who died were between 18 and 24 years old, and three other unidentified passengers were taken to the hospital for medical care. Following the accident, local authorities are still investigating the accident’s details.

In Texas, you may be eligible for filing a wrongful death claim on behalf of a loved one if that individual died due to a wrongful act, neglect, carelessness, or unskillfulness from the at-fault party. Car accidents that result in a wrongful death are a common claim in Texas, but not everyone is eligible to bring a claim on behalf of the deceased. If you decide to file a wrongful death lawsuit, you must either be the deceased’s surviving spouse, child, or parent. Children who are legally adopted, surviving adoptive parents, and personal representatives of the deceased’s estate can also file a wrongful death claim.

Wrongful death claims in Texas must be filed within a certain amount of time. Texas law requires that personal injury and wrongful death cases are filed within two years of the date of the deceased’s passing. There are, however, narrowly defined exceptions where you could file beyond the two year period. In the event that the plaintiff of a wrongful death suit is a minor, the negligence of the at-fault party was unknown during the two-year statute of limitations, there was mental or physical impairment that precluded filing, or fraud was present, you may be able to file a wrongful death suit outside of the established time frame.

Following a tragic accident, filing a lawsuit may be the furthest from your mind. In the event of a successful wrongful death claim, however, you may be eligible for monetary compensation that could help on your road to recovery. Depending on the details of the case, potential plaintiffs may be eligible to collect damages for medical expenses, funeral and burial costs, lost wages, as well as for their pain and suffering and other emotional damages.

Do You Need a Texas Personal Injury Attorney?

If you or someone you love has been recently involved in a Texas car accident that could give rise to a wrongful death claim, contact the attorneys at Carabin Shaw today. Our lawyers will serve as your guiding light and help you navigate the legal process and details surrounding your claim. With our help, you can effectively pursue a claim for financial compensation against those responsible for your tragic loss. To schedule a free initial consultation, contact us at 800-862-1260 today.

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