All it takes is one bad decision to change the lives of numerous people. A fatal car accident in Texas often results from one person making the wrong choice. Whether that is speeding, drinking and driving or not following any other road law, that choice can alter your future forever if the person causes an accident that involves your loved one.
Losing a family member to a car accident is something nobody should have to experience. Knowing that the other person could have prevented it from happening can leave you in a tailspin. You may have a lot of anger, or you may be so completely devastated that you have a hard time handling the reality of what has happened.
In any case, you can take legal steps to ensure the responsible party understands the effects of his or her actions. You can file a wrongful death lawsuit as a close family member of the victim, which includes the following relationships:
Based on Texas law, you must prove that the other person is guilty of causing the death of your loved one through negligence or careless actions. In plain terms, you need to show that the person’s actions directly caused the death of your loved one and that those actions were due to the person not following the law or acting in a reasonable manner.
If you win your case, the court or a jury will award you damages. This monetary award may pay for expenses related to the accident, such as medical bills and funeral expenses. You may also receive money for your loss of companionship or loss of financial support.
One final note: There is a statute of limitations on filing your claim. This is how long after the death of your loved one you may make a wrongful death claim and recover damages. You have two years from the date of the death in which to file.