Wrongful Death After a Serious Automobile Accident in Midland, Texas
Car accidents claim the lives of too many people in Midland. If a loved one has unfortunately passed away due to a car wreck, a Midland wrongful death attorney can help you. The financial burdens that come with a tragedy like this can make the loss even harder to cope with, which is why Carabin Shaw’s mission is to victims the justice they deserve. There is no easy way to deal with a wrongful death after a serious automobile accident in Midland, Texas, but knowing what you’re up against and having the right legal team behind you is a positive first step.Seeking Compensation After a Serious Car Accident
When seeking compensation for your loss, there are two paths you could take. The first is to file a wrongful death claim in Midland. The Texas Wrongful Death Act permits the widow(er), parents, or children of the deceased the right to sue when the deliberate action of negligence of another party causes the wrongful death of their relative. To file this claim, their death must have been caused by the actions of another driver. A lawyer can make sure you file this properly.
The second route is filing for a personal injury claim on behalf of the deceased, known as a “survival claim” under the Texas Survival Statute. This avenue means pursuing compensation for the pain and suffering your loved one experienced prior to their passing.
When filing a wrongful death lawsuit with Midland personal injury lawyers, there are three potential parties who you can sue for compensation:
- The at-fault driver
- The insurance company of the at-fault driver
- The insurance company of the deceased (this applies when the at-fault driver is underinsured or uninsured)
In Midland, like the rest of Texas, the statute of limitations regarding wrongful death cases is two years. Even though you have two years to file a claim for the death of your loved one, an attorney would advise you to file a claim as soon as possible.
Knowing which route to take for your wrongful death lawsuit in Texas depends on your unique circumstances. Speaking with a car accident attorney serving Midland can help you understand your best option.Types of Damages Available
After a wrongful death, every lawyer knows you should be properly compensated. When filing suit for an auto accident wrongful death claim, there are a number of wrongful death damages Texas you can sue for. These are divided into two categories: compensatory damages and punitive damages.
Compensatory damages are designed to be compensation for your loss, such as economic damages like loss of income and loss of inheritance, as well as non-economic damages like pain and suffering loss of advice and counsel. The following are the types of compensatory damages you could win:
- Property Damage
- Mental Anguish
- Loss of Counsel and Advice
- Loss of Income
- Loss of Services (children, parental, or spousal)
Punitive damages are damages intended to punish the defendant and make an example out of their reckless behavior. This is only available in cases where the at-fault driver exhibited gross negligence.How Carabin Shaw Can Help
When the negligence of another driver causes the death of a loved one, it is very difficult. Whether they were drunk driving, driving distracted, driving fatigued, speeding, or something else, the at-fault driver should be held accountable to properly compensate you and your family for your loss. A wrongful death lawyer serving Midland can help you get your rightful recoupment. Our team at Carabin Shaw has over 200 years of combined experience winning for our clients, so we know how to get you all that you deserve. That is why we are the best in the business, and why when you Googled “best wrongful death lawyers near me,” you found us. Talk to an attorney at our office today to give you peace of mind that you and your family are in the best hands. Call our Midland office at 432-620-0544.