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Fatal car crashes occur far too often in Austin. The city’s roads saw 102 fatalities in traffic accidents in 2015 alone, reports the Austin Police Department. Traffic fatalities in Austin increased 62 percent from 2014. Fatal accidents increased 66 percent. Each of these deaths represents a family torn apart, struggling to find an emotional and financial balance without their loved one.
While it does little to fill the hole left by losing a family member, Texas law gives you the opportunity to claim compensation from the driver who caused the crash. This can help with the financial stress that often follows losing a loved one. You do not need to add a further stressor into your life. Have a fatal car accident lawyer in Austin at Lovins Trosclair, PLLC handle your claim for you.
Call our office today at 512-535-1649 to schedule a time to talk with us for free.
How do I determine the liable party?
Texas negligence laws let accident victims or their surviving family members hold the liable party(s) financially responsible for any losses stemming from the crash. For this reason, you need to know who caused the fatal crash before you can file an insurance claim.
In some accidents, the liable party is obvious. If a car ran a red light and hit your loved one, the driver of that car is most likely liable.
Things are not always this simple. We help our clients discover what led to an accident, and identify any liable parties. We will launch an in-depth investigation into the accident, including interviewing witnesses and, if necessary, performing accident reconstructions. Once we know this information, we can explore legal options and file an insurance claim.
When you call us, we evaluate your case and formulate a list of potentially liable parties. Then we collect evidence and narrow down the list until we have a strong case against anyone who acted negligently and caused your loved one’s injuries.
How can I collect compensation from the liable party?
After the traffic accident death of a loved one, the Texas Wrongful Death Act provides two ways to collect compensation from a negligent driver: a wrongful death claim and a survival action.
You generally have two years from the day of the collision that caused your loved one’s death to file a wrongful death or survival action claim under Texas law. A wrongful death claim can be brought by the surviving spouse, children, or parents of the victim to seek compensation for their own financial and emotional losses caused by the death of your loved one. A survivorship claim is brought by the estate of your loved one to seek compensation for financial losses (such as medical bills) and pain and suffering sustained by your loved one prior to his or her death.
All Texas drivers must carry a minimum amount of required auto insurance. This provides liability coverage to victims in the event that the driver causes an accident. This means injured victims should be able to recover at least:
- $30,000 per person injured
- $60,000 per accident
- $25,000 coverage for property damage
This coverage also pays out to the family members who seek compensation pursuant to a wrongful death or a survival claim. We can help you determine which of these claims is best for your family’s financial future.
What kind of evidence will I need?
The best way to ensure you get the compensation you deserve after losing a family member in a fatal car accident in Austin is to provide strong evidence to support your claim. This evidence needs to show the other driver acted negligently, as well as fully document your related losses.
In the simplest cases, proving negligence might only require the police report. Other cases prove more difficult, and require resources you are unlikely to have access to. That is why you need us. Our team can:
- Interview eyewitnesses
- Reconstruct the accident
- Hire expert witnesses
- Scrutinize evidence collected from the scene
- Depose involved parties
Our skilled fatal car accident lawyers will investigate your claim and uncover all available evidence to hold the at-fault party liable.
What types of damages can I recover?
The recoverable damages in a wrongful death claim differ significantly from those available in a survival action or car accident claim. In a survival action, you can collect damages that include medical costs and lost wages suffered by your loved one between the accident and their death. This compensation goes to the estate. This may or may not benefit you, depending on your loved one’s will or Texas probate law.
A wrongful death claim, however, pays out to cover the damages you suffered due to the crash. This may include:
- The cost of funeral or burial
- Your loss of financial support
- Loss of support, such as that which a parent provides a child
- Loss of services, such as having to hire someone to mow the lawn
- Loss of advice and counsel
- Loss of companionship, usually between spouses
- Loss of inheritance
- Mental anguish
- Other accident-related expenses you incurred
Once we have determined what the accident cost you and your family, we will make our settlement demand and negotiate with the other party’s insurer until we get you what you deserve.
Can Lovins Trosclair, PLLC help me file a fatal car accident claim in Austin?
Lovins Trosclair, PLLC can help you get the compensation you deserve if you lost a spouse, parent, or child in a fatal Austin car crash. We can identify the negligent motorist(s), collect evidence, build a strong case, and negotiate a fair and just settlement. If a settlement is not possible, we can file suit against the liable parties and represent you in court.
Call our office today at 512-535-1649 to schedule a time to meet with a skilled fatal car accident lawyer in Austin.