San Antonio, TX- The Texas Department of Transportation estimates that in 2014, a motorist was killed in a traffic accident every two hours and 29 minutes. That amounted to 3,534 traffic deaths in the state in 2014. A fatal traffic can turn a person’s life upside down and cause surviving family members undue grief, which is why these victims are allowed to pursue a wrongful death claim. Here our team of accident lawyers in Texas will discuss the basics of filing a wrongful death claim.
What is a wrongful death claim?
A wrongful death claim is a civil suit that seeks to recoup compensation from a negligent or careless motorist for the untimely death of another motorist. According to the Texas wrongful death statutes, such claim can be filed if a victim’s death is the result of a “wrongful act, neglect, carelessness, unskillfulness, or default” of one party.
Wrongful death claims are appropriate if a person’s death was the result of a traffic accident, nursing home neglect, medical malpractice or product liability among other causes. Defendants in wrongful death claims can be individuals, businesses and even state and federal agencies.
If you have lost a loved one and would like to file a wrongful death claim, USAttorneys urges you to contact an accident lawyer in San Antonio, Texas to examine the details of your case and determine the course of action you should take to get justice for your loved one’s death.
Texas, like all states, give accident victims a limited amount of time to file their wrongful death suit called the statute of limitations. For wrongful death claims, the statute of limitations is two years from the date the death occurred.
Spouses, parents and children of fatal accidents can file a wrongful death claim and seek compensation for their loved one’s medical and funeral expenses, along with compensation for their loss of companionship, and the loss of financial support if the deceased was a bread winner. Surviving family members may also be eligible for compensation for their emotional distress or exemplary damages if the at-fault party’s actions were grossly negligent.
It’s important to note that Texas law does not allow siblings to file wrongful death claims.
Following a deadly collision, a wrongful death claim may be the farthest thing from your mind. That’s understandable, but time is of the essence with any accident claim and the reason USAttorneys strongly recommends you speak with a personal injury lawyer in Texas. If you enlist an attorney early on in the process, you have a better chance of presenting a convincing claim that results in an optimal settlement amount from an insurance company and the at-fault motorist.
A fatal accident can leave a family confused, angry and unsure what they should do next. When you enlist one of our accident lawyers in Texas, you will get the advice you need to make an informed decision about how to proceed with your case. Contact one of our experienced and compassionate lawyers today and set up a case evaluation.

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