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[NEW] Houston Fatal Car Accident Lawyer

学习about your legal options for recovering compensation after losing a loved one in a car accident, contact aHouston car accident lawyerat The Krist Law Firm, P.C. at 281-326-9197. We have decades of experience helping families bring wrongful death claims in Texas and we will fight torecover maximum compensation after a fatal car accident.

Fatal Car Accidents in Texas

Driving is much more dangerous than we care to admit, and the hazards associated with driving lead to thousands of fatalities each year. According to the National Safety Council, more than 42,000 people were killed on U.S. roads in 2020 – a significant increase after three years of decreases.

When you lose a parent, spouse, child, or another family member in a car accident, your first thought is likely not about recovering compensation. After all, compensation will not bring back your loved one. However, it is the only form of justice available to the surviving family member outside of a criminal case being brought against a potential offender.

Compensation is also frequently necessary to replace lost income and financial security due to the death of a family member. If your loved one died in a fatal car accident in Texas, because of the negligence of another driver, you have the right to seek compensation from the party liable for your loss.

How To Recover Compensation After Losing a Loved One

You will not automatically receive compensation after losing a loved one in a car crash. You will need to contact an attorney experienced in representing families of victims of fatal car accidents to determine if you have a claim.

There is no charge for a consultation with a car accident attorney at The Krist Law Firm. We will listen to what happened, view any evidence that you have or know exists, and then counsel you on your options. If evidence suggests that another party was responsible for the loss of your loved one, your attorney will undertake a thorough investigation and begin building your case.

Most of the time, your first option for recovery is through the at-fault driver’s auto insurance policy. Your fatal car accident lawyer will file your claim with the evidence necessary toprove the other driver’s responsibilityand your injuries from that driver’s negligence.

A successful insurance claim can give you compensation quickly. However, common issues frequently arise with wrongful death insurance claims. For example, many drivers only have the legally required amount of liability insurance. A policy limit of $30,000 may not be enough to fully compensate you for the medical expenses, funeral arrangements, lost wages, and more.

If recovering compensation through an insurance policy is not possible, the next step is to file a Texas wrongful death claim.

Filing A Wrongful Death Lawsuit

You have two years to file awrongful death suitin Texas. You can only file a wrongful death lawsuit if you are a surviving spouse, child, or parent of the deceased individual. If you were related to the person in another way, you will not be able to recover compensation through this type of lawsuit. However, if none of these family members choose to bring a claim separately or together, the personal representative of your loved one’s estate can file the claim on behalf of the deceased’s estate.

Compensation That May Be Available in A Wrongful Death Suit

By filing a wrongful death suit in Texas, you can seek compensation for:

  • Medical costs incurred prior to your loved one’s death
  • Funeral expenses
  • Lost earning capacity
  • Lost care, support, and services provided by your loved one
  • Loss of love and companionship
  • Mental anguish
  • Loss of potential inheritance

There are some situations in which punitive damages, also known as exemplary damages, are available. A court may approve punitive damages when your loved one’s death was caused by gross negligence or a willful act. These damages are not meant to compensate you but you would receive the financial award. Instead, they are designed to punish the wrongdoer.

If you are the only surviving family member of the decedent, you will receive all of the damages recovered. However, if there are multiple surviving family members, the damages are apportioned to each individual by the court based on the damages they suffered due to this loss.

What Is Involved in A Fatal Car Accident Investigation?

When investigating a fatal car accident, the police are trying to establish what happened and ultimately,what caused the crash. They will interview the drivers involved and any witnesses to the accident. They will take down the facts and document the scene through extensive photographs. They will also look for evidence such as skid marks and vehicle damage to determine speed and direction.

An experienced accident investigator will be able to provide a fairly accurate recreation of the accident, thereby establishing the underlying cause.

Some of the causes that police can accurately identify are:

  • Speeding
  • Driving while under the influence of drugs or alcohol
  • 分心驾驶
  • Running a red light or stop sign

Once their investigation is complete, the police will generate an accident report that will contain a detailed account and identify what they believe caused it.

UNDERSTAND THE LIMITATIONS OF THE POLICE REPORT

当警察investigat主管事故ors, their reports are not necessarily the final ruling on what happened in a fatal car accident. The report may contain errors or inaccuracies – police officers are human and can make mistakes just like anyone else, and have several competing responsibilities at the scene of an accident.

In a wrongful death suit, you are often trying to prove that the driver who caused the accident was negligent. The police are often focused on whether one of the drivers committed a traffic violation or otherwise broke the law, which is not the same as determining fault for a crash.

As a result, they may miss the actual cause of the accident, or fail to account for other circumstances that caused the accident. Furthermore, if the police do not find that the other driver broke the law, the report can be somewhat unhelpful in establishing liability.

Time Is of The Essence After a Fatal Car Accident

Under Texas law, the spouse, children, or parents of the victim of a fatal car accident have only two years to file awrongful death claim. If you don’t file your lawsuit within this period, you may lose your right to pursue any compensation, no matter how strong your case may be.

Two years may sound like a lot of time, but it goes by fast. The longer you wait, the more difficult it will be to investigate the accident, collect evidence, and interview witnesses. You do not need to wait until the police have determined fault or the insurance company has denied your claim. The sooner you hire a lawyer, the stronger your wrongful death case will be.

Our Fatal Car Accident Lawyers Can Help

At The Krist Law Firm, P.C., ourHouston personal injury attorneys明白失去亲人是毁灭性的。While you are trying to grieve and care for your family, the last thing you need is financial stress and strain. If your loved one was killed in a car accident through no fault of their own, The Krist Law Firm is here to help you secure the economic justice you need and deserve to begin to move forward, and rebuild your life.

Call us today for a free consultation at 281-609-6481.