Any kind of car accident can be devastating to a victim and to his or her family. Unfortunately, some of these accidents often have fatal results. When these fatal car accidents occur, it is important that the family take the necessary legal action to hold the liable party accountable for his or her actions. Our San Antonio fatal car accident lawyers know that these collisions are often preventable, making this even more heartbreaking. It is when someone chooses to act recklessly or negligently that others pay for their actions.
When a person acts in negligence and causes a fatal car accident, the family of the decedent may have grounds to file a wrongful death lawsuit. According to Texas statute 71.001,
an action for wrongful death may be brought if the "wrongful act, neglect, carelessness, unskillfulness, or default" of one party causes the death of another.
Texas statute allows for two years from the time of the accident for the family of the victim to file a wrongful death claim. There may be exceptions available and our team at Wyatt Law Firm can help you understand these.
Who Is Entitled To Seek Compensation?
Many people wonder who is allowed to seek compensation in the event a loved one is lost in a fatal car accident. This can often be very confusing, but it is extremely important to understand. Under the law, there are only a specific number of individuals who may seek compensation.
The following surviving family members may seek compensation in a wrongful death claim:
- Personal representative or executor (if spouse, children, or parents do not file within three months)
- Adopted children (if fully and legally adopted)
There are some people who cannot file a wrongful death claim such as fully and legally adopted children when the deceased is the biological parent, and siblings. When filing a wrongful death claim, the surviving family member can seek damages related to lost earning capacity, lost love, support, and companionship, medical expenses, and funeral costs.
No Fees Unless We Win
Our firm has been helping injury victims for over 20 years. We know what it takes to help our clients seek the compensation they deserve. We don't charge our clients unless we are able to successfully recover compensation on their behalf. This means you can seek compensation on behalf of your lost loved one without worrying about additional financial hardships.
It is our goal to help find justice for our clients during such a difficult time. We offer free consultations so you can discuss your specific case with us and learn how we can help you.
Call a San Antonio car accident lawyer at Wyatt Law Firm: 210-255-2231.