When someone’s negligence or recklessness causes a fatal accident, Texas law provides avenues for holding responsible parties accountable through wrongful death claims. However, navigating the legal system while grieving is incredibly challenging, especially when insurance companies may try to minimize payouts or dispute liability. With the right McAllen, TX accident lawyer, you can hold the responsible parties accountable while your family focuses on healing.
Your Legal Options After Losing a Loved One in a Car Accident
Losing a family member creates profound emotional and financial hardships. If you have lost a spouse, child, or parent in a fatal car accident, you have the right to pursue a wrongful death lawsuit against the parties responsible for causing the crash. This legal action allows you to seek compensation for the devastating losses your family has endured.
However, only certain individuals can file these claims in Texas. Surviving spouses, children, and parents of the deceased have the primary right to bring a wrongful death lawsuit. If these immediate family members don’t take action within three months of the death, the estate’s personal representative may file the claim unless the eligible family members choose not to pursue legal action.
Damages Available in Texas Fatal Collision Claims
By filing a wrongful death claim, you have the right to recover compensation for every way that the fatal car accident has affected your family. Texas law allows you to seek the following types of damages:
- Lost income and financial support your loved one would have provided throughout their lifetime
- The value of household services, childcare, and other contributions they made to your family
- Mental anguish, pain, and emotional suffering you experience because of their death
- Loss of love, companionship, comfort, guidance, and emotional support
- Diminished inheritance or savings your family would have received
In cases involving egregious conduct—such as drunk driving or extremely reckless driving—Texas law also permits punitive damages. Instead of compensating your family’s losses, these damages are intended to punish the wrongdoer and prevent others from committing the same dangerous actions.
Criminal versus Civil Cases After a Deadly Car Accident
You might wonder about the relationship between criminal charges and your civil wrongful death claim. These cases belong to two separate legal proceedings, each serving different purposes and operating under different standards. You have the right to pursue a civil lawsuit at the same time as a criminal case for a fatal car accident.
Criminal cases, prosecuted by the state, focus on punishing the defendant for violating traffic laws or committing crimes like vehicular manslaughter. The prosecutor must prove guilt beyond a reasonable doubt. Criminal penalties include fines, license suspension, or imprisonment. You may receive restitution, but this compensation does not address the losses that you have sustained.
Civil wrongful death cases operate under the preponderance of the evidence standard, meaning you need to show it’s more likely than not that the defendant’s actions caused your loved one’s death. Your civil case focuses on securing financial compensation for your family’s damages.
Get Legal Support for Your Wrongful Death Case
De La Garza Law Firm provides compassionate guidance while aggressively pursuing wrongful death claims that can provide financial stability for surviving family members. We handle every legal detail so you can focus on healing while we fight for the compensation your family needs. Contact our firm at (956) 586-5617 to discuss how we can support you through this difficult time.
