In 2022, Texas recorded 810 fatalities from large truck collisions. Liability in such accidents can extend to several parties, including the truck driver, the trucking company, maintenance providers, and manufacturers of defective parts.
If you’ve lost a loved one due to a truck accident caused by another’s negligence or misconduct, you might be entitled to file a wrongful death claim. Under Texas law, certain family members can seek compensation for the emotional and financial impacts of their loss.
At the Stewart Law Firm in Austin, our skilled personal injury attorney, Stephen Stewart, is dedicated to identifying all parties responsible for the accident and pursuing justice for your loss. Our team is committed to supporting our clients through meticulous legal services, ensuring your rights are protected as you strive to move forward after this tragedy.
What Are My Rights If My Loved One Died in a Fatal Truck Accident in Texas?
If you’ve experienced the loss of a loved one due to a trucking accident in Texas, you are afforded specific rights to pursue justice and compensation. These rights are crucial in holding the responsible parties accountable and securing the necessary support during this difficult time.
- Right to File a Wrongful Death Claim: In Texas, eligible family members are granted the right to prove and initiate a wrongful death claim against those responsible for the accident.
- Right to Compensation: You may be eligible for financial restitution covering funeral costs, lost income, and emotional distress.
- Right to Legal Representation: You are entitled to obtain legal representation to effectively handle the complexities of a wrongful death lawsuit and claim and advocate for your rights.
Seeking the guidance of a competent lawyer can significantly enhance your ability to navigate this challenging process. A skilled attorney will work diligently to ensure that all responsible parties are held accountable and that you receive the comprehensive compensation you rightfully deserve.
Understanding a Wrongful Death Claim
A wrongful death claim arises when an individual dies due to the negligence or wrongful act of another party. This legal provision allows certain family members of the deceased to seek compensation.
In the event of a fatal truck accident, the deceased’s spouse or other relatives may initiate a lawsuit against the driver or company responsible for the accident to recover damages.
Eligibility to File a Wrongful Death Claim in Texas
Texas law specifies which family members are entitled to file a wrongful death claim following the loss of a loved one due to another’s negligence.
Eligible parties include:
- Spouses encompassing both formally married and common-law partners.
- Parents, including biological and adoptive parents.
- Children, encompassing both biological and adoptive children.
Notably, siblings and grandparents of the deceased are not permitted to file wrongful death claims in Texas.
If you have lost a loved one in a truck accident due to negligence in Texas, please contact our knowledgeable personal injury attorneys. We are here to help you secure the financial compensation your family requires for both immediate needs and future stability.
1. Economic Damages
Economic damages cover tangible losses such as:
- Funeral and burial expenses
- Medical expenses incurred prior to death
- Loss of the deceased’s anticipated earnings
- Loss of benefits (e.g., health insurance, pension plans)
2. Non-Economic Damages
Non-economic damages address intangible losses, including:
- Emotional pain and suffering
- Loss of companionship and love
- Mental anguish
- Loss of consortium (spousal relationship)
3. Punitive Damages
In instances where the defendant’s behavior was especially reckless or malicious, punitive damages may be awarded. These are intended to punish the offender and deter future negligent or harmful actions.
At the Stewart Law Firm, our dedicated team is committed to guiding you through this complex legal process. We have been providing steadfast support and advocacy for many years across multiple Texan communities, striving to hold the responsible parties accountable for the damage.
How Are Damages Divided Among Family Members?
In Texas, when damages are awarded in a wrongful death lawsuit, they are allocated among the surviving family members according to the extent of the loss they experienced due to the death.
Typically, the division of these damages is decided by a judge or jury who considers testimony from the surviving family members and other witnesses to determine the appropriate proportions for each member.
Texas Statute of Limitation for Filing Wrongful Death Claims
Texas law mandates that wrongful death lawsuits must be filed within two years from the date of the deceased’s death.
If your loved one has died in a fatal truck accident, it is crucial to act promptly. Consulting with an experienced Texas personal injury attorney as soon as possible will help you understand your legal options and ensure your claim is filed within the required timeframe.
Contact Our Skilled Personal Injury Attorney at The Stewart Law Firm Today
If you’ve lost a loved one in a Texas truck accident due to negligence, our skilled personal injury attorney is here to help. We will guide you through the legal process, collect evidence, and advocate for your rights, whether in negotiations with trucking insurers or in court.
Call us at (512) 326-3200 for a free consultation today.
