The sudden loss or injury of a loved one in an accident is an unimaginable tragedy. In Texas, you have legal options to pursue justice, and understanding your rights is crucial to protecting your family’s future.
Our Austin-based team at the Stewart Law Firm understands the emotional and legal complexities families face when a loved one is seriously injured or killed in an auto accident. Attorney Stephen Stewart and our dedicated team are here to provide compassionate legal support. With years of extensive experience in this area, our personal injury attorneys are committed to helping families in Texas seek justice and the compensation they deserve in these challenging times.
How to Obtain Temporary Guardianship in Texas
If your family member has suffered serious injuries and is incapacitated due to a truck accident, you may need to seek temporary guardianship to make decisions on their behalf. This allows you to take charge of important matters, such as medical care, finances, and legal issues related to the accident.
Here are the general steps for obtaining temporary guardianship in Texas:
- File a Petition: File a petition with the probate court in the county where your loved one resides.
- Provide Evidence: The court will need evidence of your loved one’s incapacity and proof of your suitability as a guardian.
- Attend a Hearing: A hearing will be scheduled, allowing you and other interested parties to present evidence and testimony.
- Court Decision: The judge will decide whether to grant you temporary guardianship based on the evidence provided.
Under Texas Estates Code Section 1101.001, guardianship laws set out the process for filing and the criteria for appointing a guardian. Obtaining temporary guardianship is a necessary step to ensure your loved one’s needs are met during a challenging time. Legal guidance from a personal injury attorney can help ensure the process goes smoothly and that your loved one’s rights are protected.
Can I File a Lawsuit?
Yes, you can sue if your family member was killed or seriously injured in a truck accident in Texas. Texas law allows certain family members to file a wrongful death lawsuit if their loved one was killed due to the negligence of another party, such as a truck driver or trucking company.
If your family member was seriously injured, they can file a personal injury lawsuit to seek compensation for their damages. These damages can include medical expenses, lost wages, pain and suffering, and more.
An experienced truck accident attorney can help you understand your rights and guide you through the legal process.
Setting up an Estate and Filing a Lawsuit for a Loved One Killed in a Truck Accident
If your family member was tragically killed in a car or truck accident, setting up an estate is necessary before filing a wrongful death lawsuit in Texas. This process ensures that an executor or administrator can handle the legal affairs of the deceased, including filing a lawsuit against the responsible party. Key steps include:
- Establishing an Estate: Appoint an executor or administrator to manage your loved one’s assets, debts, and legal claims.
- Filing a Wrongful Death Lawsuit: Family members such as a spouse, children, or parents may file a lawsuit against the at-fault party, which could be the truck driver or trucking company, to seek compensation for the loss.
Under Texas Civil Practice and Remedies Code Section 71.002, family members are allowed to file a wrongful death lawsuit to recover damages when the wrongful act, neglect, or carelessness of another party caused the loss.
Types of Compensation Available in a Wrongful Death Lawsuit
In Texas, wrongful death lawsuits aim to provide compensation for the losses surviving family members have endured due to their loved one’s death. This can include both financial and emotional damages.
Here are some common types of compensation sought in these lawsuits:
- Loss of Financial Support: Compensation for the financial contribution your loved one would have made had they survived.
- Loss of Companionship and Services: The loss of emotional support, guidance, and household services that the deceased provided.
- Funeral and Burial Expenses: Reimbursement for the costs associated with your loved one’s funeral and burial.
- Mental Anguish: Compensation for the emotional distress suffered by the surviving family members due to the loss.
- Punitive Damages: In cases where the truck driver’s actions were reckless or intentional, punitive damages may be awarded to punish the wrongdoer under Texas Civil Practice and Remedies Code Section 41.003.
Statutes of Limitation to Filing a Wrongful Death Lawsuit in Texas
In Texas, the statute of limitations for wrongful death claims is generally two years from the date of your loved one’s death, according to Texas Civil Practice and Remedies Code Section 16.003. However, there are exceptions that could extend or shorten this timeframe, so it’s important to consult with an attorney as soon as possible to preserve your legal rights.
Tax Implications of a Wrongful Death Settlement in Texas
In most cases, compensation received from a personal injury or wrongful death settlement is not taxable. This includes amounts awarded for the following:
- Pain and suffering
- Emotional distress
- Medical expenses
However, if part of your settlement is for punitive damages or lost wages, that portion may be taxable. It’s always best to consult with a tax professional to understand the tax implications of your settlement.
Contact Our Austin-Based Truck Accident Attorneys at Stewart Law Firm Today
At Stewart Law Firm, we are committed to providing you with compassionate legal representation. Attorney Stephen Stewart and our team will work tirelessly to ensure your family receives the justice and compensation you deserve.
We understand the emotional and financial toll such tragedies can bring, and we’re here to support and guide you every step of the way. Contact us at (512) 326-3200 to schedule your consultation.
