Car accidents are a common occurrence. Sadly, fatal accidents are fairly common as well. For the family of a person killed in a crash, the emotional pain is overwhelming, and often, so is the uncertainty that follows. Although surviving family members need time to grieve, it’s important to know that there are legal actions that can help them begin to recover emotionally and financially from such a tragic situation.
At The Stewart Law Firm, we understand that no amount of money can ever replace your loved one. But we also know that justice, accountability, and compensation can offer some support when your world has changed forever.
Led by attorney Stephen Stewart, our Austin-based legal team is committed to helping families across Texas navigate the complex path of wrongful death claims after fatal motor vehicle accidents.
Legal Options for Families After a Fatal Car Accident
If the car accident that resulted in the death was caused by the negligence of another driver, surviving family members can consider filing a wrongful death claim. In Texas, this is outlined under the Texas Civil Practice & Remedies Code § 71.001–71.012, which allows certain family members to seek compensation when a loved one’s death is caused by another’s wrongful act or carelessness.
Determining Liability
When a person dies in a car accident, there is usually some party that can be held liable for the accident that caused their death. To determine the liable party, you will need to find out what factors and acts of negligence contributed to the accident.
For example, if the other driver was intoxicated or using excessive speeds, the argument can be made that their actions were negligent and contributed to the crash that ultimately led to the death of the other person.
Sometimes a police report from the accident will directly assign blame on the other driver. In more complicated cases, forensic evidence, reliable testimony, and eyewitness accounts might be required to establish liability.
Proving a Wrongful Death Claim
In order for a wrongful death claim to be successful, three key elements need to be present:
1. The Death Must Have Been Caused by the Accident
The fatality can occur at the scene of the accident or can occur days later as a result of injuries sustained in the crash.
2. The Accident Must Have Been Caused by Another Driver’s Negligence
There are a number of ways that a driver can be negligent such as speeding, distracted driving, impaired driving, or violating traffic laws. Having credible evidence to substantiate the claim will make the wrongful death case stronger.
3. The Claim Must Prove Monetary Losses
The last aspect of a wrongful death claim is to prove the monetary damages caused by the loss of your loved one. This can include:
- Medical expenses incurred before death
- Lost wages and future income from the deceased
- Legal, funeral, and burial costs
- Loss of companionship, guidance, and support
Monetary damages awarded from a wrongful death claim can provide surviving family members with relief that they might badly need, especially if the deceased was a primary financial provider.
Who Can File a Wrongful Death Claim in Texas?
According to the law, the following individuals may file a wrongful death claim:
- The surviving spouse
- Children (including legally adopted children)
- Parents of the deceased
If none of these individuals file within three months of the date of death, the personal representative or executor of the estate may file the claim on behalf of the family, unless specifically requested not to.
The statute of limitations for a wrongful death claim in Texas is generally two years from the date of your loved one’s death. Failing to file within this time frame can result in the loss of your legal right to recover compensation. However, there are rare exceptions depending on the circumstances.
Damages in Texas Wrongful Death Claims
If the claim is successful, damages may be awarded for both economic and non-economic losses, including:
- Funeral and burial expenses
- Medical bills related to the final injury
- Lost earning capacity
- Loss of household services
- Emotional pain and suffering
- Loss of love, companionship, and guidance
In some cases, Texas courts may award exemplary (punitive) damages if the death resulted from gross negligence or a willful act.
Why Legal Representation Matters
Wrongful death cases involve complex investigations, insurance negotiations, and strict legal requirements. Families dealing with grief shouldn’t have to handle these matters alone. A reliable car accident attorney help you regulate the situation and provide you with the best options moving forward.
At The Stewart Law Firm, we take on this burden for you by:
- Investigating the accident thoroughly
- Collecting critical evidence
- Handling insurance and legal communications
- Fighting for full and fair compensation, in or out of court
Our goal is to protect your rights while you focus on healing.
Contact Our Texas-Based Car Accident Attorneys at The Stewart Law Firm Today
Have you lost a loved one because of a car accident? If another driver’s negligence caused their death, you may have a right to hold them accountable. Our Texas-based team of experienced wrongful death and car accident attorneys are ready to help you seek justice and begin rebuilding your life.
Contact us today to schedule a free consultation today.
