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Losing a loved one is one of the most difficult and emotionally stressful events you will ever face. When that loss also causes financial strain on your family, the pain and stress are much higher. Texas law allows close family members to collect compensation from an at-fault motorist after a fatal car accident, giving you a chance to ease your financial losses and begin healing your wounds.
A fatal car accident lawyer in Dallas at Lovins Trosclair can help you on the road to recovery. We understand that the last thing on your mind is filing an insurance claim or handling paperwork, so we can manage the entire process for you.
From filing the claim to collecting evidence and documenting your losses, we use our skill and experience to ensure you receive the maximum amount of compensation for your claim. If you lost a loved one in a Dallas car accident caused by a negligent motorist, call our office today at 214-484-1930 to learn more about your legal options.
Who pays for losses after a Dallas car accident?
Texas negligence laws allow the victims of a Dallas car accident to hold the liable party(s) responsible for any financial and emotional losses incurred because of the crash. If the victim dies due to injuries from the accident, surviving family members can hold the party(s) who caused the accident liable.
Identifying the cause of the crash and the motorists or other parties who played a part in it is key to ensuring you get the compensation you deserve. Only once you have identified all potential liable parties can you file claims against their insurance policy and recover your financial losses.
We will examine your case and determine all possible liable parties. In many cases, this is a fairly straightforward process and we are able to collect the evidence necessary to win your claim quickly. In other cases, though, we might have to perform a more in-depth investigation. Our firm has the resources available to interview witnesses, collect testimony from medical experts, and perform accident reconstructions when liability is questionable.
How can I get compensation for my financial and emotional damages?
The Texas Wrongful Death Act provides families like yours a route to compensation after losing a spouse, child, or parent due to someone else’s negligence. This law gives you two years from the date of your loved one’s death to file a wrongful death claim in Texas.
To get started, you need to file a claim with the at-fault driver’s insurer. Texas auto insurance laws require all drivers residing in the state to have a minimum amount of liability coverage to pay for injuries or other losses if they cause an accident. In Texas, these minimum limits include:
- $30,000 liability coverage per person
- $60,000 liability coverage per accident
- $25,000 coverage for property damage
Unfortunately, many insurers will do whatever they can to keep their money. This means that they might try to lowball your settlement offer or even blame your loved one for the accident.
We will help you build a strong case, stand up to the insurer, and negotiate a fair settlement based on evidence of your financial and emotional losses. If the insurer still refuses to offer you an adequate settlement for your losses, we will take it to court.
What do I need to prove to receive compensation?
To win an award in a Texas wrongful death car accident case, you will need to provide evidence that the other motorist was at-fault, as well as documentation of your losses.
Showing the other driver’s negligent behavior caused the crash sometimes requires nothing more than the police report and testimony from the responding officer. In other cases, though, you will need more evidence to show liability. Liability hinges on proving negligence, which requires four elements:
- The other driver had a duty to drive in a careful manner, obeying traffic laws
- S/he failed to uphold this duty
- His/her careless actions caused an accident
- Your loved one died as a result of the injuries s/he suffered in this accident
The evidence needed to prove these four elements varies from case to case, but often includes a number of things that victims often overlook. You can expect your lawyer to ask you many questions about the specific circumstance of the accident, so it is best to make notes of everything you know about the crash.
The exact location may allow your lawyer to find a nearby business with surveillance footage of the wreck, and knowing which hospital treated your loved one can help with obtaining medical records. Other evidence your lawyer may need includes:
- Eyewitness statements
- Testimony from accident reconstructionists and other expert witnesses
- Documentation of the scene
We complete a thorough investigation for every claim we handle. We will collect as much evidence as possible to strengthen your case, ensuring you receive the maximum amount of compensation possible.
What types of damages can I recover?
The evidence required to prove a wrongful death claim is very similar to any other auto insurance claim or a personal injury lawsuit. The damages available for you to recover, however, differ significantly.
Wrongful death claims, under Texas law, offer an opportunity for you to recover compensation for your personal losses. Common examples include:
- Funeral expenses
- Medical expenses left to you
- Lost earning capacity for your household
- Loss of services, such as parental or spousal services
- Loss of housekeeping support
- Loss of advice and counsel
- Loss of companionship
- Loss of inheritance
- Cost of therapy and other emotional support services
- Mental anguish
- Punitive damages, if applicable
It is important to note that you cannot collect compensation for the losses your loved one suffered after the accident through a wrongful death claim, such as the pain and suffering he or she experienced prior to death.
In some cases, you may want to look into whether you would be able to file a survival action instead. We can help you examine your legal options to maximize your financial award.
How can Lovins Trosclair help me?
If you lost a parent, child, or spouse in a Dallas car accident caused by a careless or negligent motorist, let Lovins Trosclair help. We can handle all aspects of your claim, from collecting evidence to negotiating a settlement or representing you in court.
Call our Dallas office at 214-484-1930 to set up a free initial consultation.