Handling Cases Nationwide
Fatal Car Accidents
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Fatal Car Accidents
Handling Cases NationwideGet a Free Consultation
Have you lost a loved one due to a car crash?
It is a terrible tragedy when you lose loved ones in fatal car accidents. Sadly, car crashes remain the number one cause of death for individuals in younger age groups. The unexpected nature of a traffic accident creates shocks families in a way they can never prepare themselves for. Although no amount of compensation can take away the pain experienced due to loss, holding a negligent party accountable can help prevent that person from causing future accidents. It can also assist family members in dealing with the financial hardship resulting from the accident.
Car Accident Fatalities Statistics
Traffic fatalities across the nation were down in 2023 over 2022 but still surpassed 40,000 deaths, according to the National Highway Traffic Safety Administration (NHTSA). Texas had more than 4,000 deaths, followed by California, then Florida as the states with the next highest numbers of fatalities. California’s statistics were a few hundred shy of the Texas numbers. However, to put the numbers into perspective per capita, California has about 10 million more residents than Texas.
Statistics show that Texas leads the U.S. in fatal car accidents. The most populated areas in Texas, large cities like Dallas, San Antonio, Austin and Houston have the highest rate of car accident fatalities. Even so, more than half of the Lone Star’s car accident deaths take place in rural areas.
For several decades, the Law Office of Michael R. De La Paz has handled fatal car accident claims for clients in Texas and across the nation.
What can you do if your loved one dies as a result of a car crash?
When another party was at fault for causing the accident, the fatal car accident victim’s spouses, children and families have several possible legal options available. A wrongful death lawsuit and a survival action claim are the two legal approaches available. They differ in focus and in the type of compensation families can receive. Based on the circumstances of the accident injuries sustained, a family might be able to file for both of these types of claims.
Wrongful Death Claim
A wrongful death case is a civil lawsuit that enables families to receive compensation for damages they experienced due to their loved one’s death. The compensation would cover damages such as the following:
- Burial and funeral expenses
- Future income loss
- Loss of consortium
- Loss of companionship
- Mental and emotional anguish of family members due to the death
- Loss of protection, inheritance and guidance
- Punitive damages
Who can bring the legal action?
Immediate family members can file the claim. Surviving family would include the spouse, children, adoptive children and the deceased’s parents. The statute of limitations in Texas requires that you file within two years from the accident date. If no one in the family files a wrongful death lawsuit, the executor of the estate can also file on the family’s behalf.
Survival Action Claim
This claim compensates the immediate family for damages incurred after the accident but prior to the loved one’s death. These damages are what the deceased individual could have pursued legally, if they had survived the accident injuries. Compensation for damages could include:
- Medical bills
- Loss of potential earning capacity
- Physical pain
- Pain and suffering
- Disfigurement
- Vehicle damage
Who can file the claim?
The deceased person’s estate would file the claim and the compensation awarded would go to the estate. The executor would distribute the proceeds based on the will or trust which the deceased had in place prior to their death.
Wrongful Death Claim
A wrongful death case is a civil lawsuit that enables families to receive compensation for damages they experienced due to their loved one’s death. The compensation would cover damages such as the following:
- Burial and funeral expenses
- Future income loss
- Loss of consortium
- Loss of companionship
- Mental and emotional anguish of family members due to the death
- Loss of protection, inheritance and guidance
- Punitive damages
Who can bring the legal action?
Immediate family members can file the claim. Surviving family would include the spouse, children, adoptive children and the deceased’s parents. The statute of limitations in Texas requires that you file within two years from the accident date. If no one in the family files a wrongful death lawsuit, the executor of the estate can also file on the family’s behalf.
Survival Action Claim
This claim compensates the immediate family for damages incurred after the accident but prior to the loved one’s death. These damages are what the deceased individual could have pursued legally, if they had survived the accident injuries. Compensation for damages could include:
- Medical bills
- Loss of potential earning capacity
- Physical pain
- Pain and suffering
- Disfigurement
- Vehicle damage
Who can file the claim?
The deceased person’s estate would file the claim and the compensation awarded would go to the estate. The executor would distribute the proceeds based on the will or trust which the deceased had in place prior to their death.
Get Legal Help with
Fatal Car Accidents
Consulting with a lawyer can ease your mind and provide you with legal information that is often vital when dealing with insurance companies. When an accident is another party’s fault, they have a legal obligation to pay for damages. A lawyer can protect your rights, be your voice in the legal system and ensure that you receive the compensation you deserve.
Call the Law Office of Michael R. De La Paz at (210) 225-HURT (4878) or toll free (800) 645-8553. We will schedule a free consultation to discuss the details your loved one’s car accident and possible legal strategies for recovering compensation.
Law Office of
Michael R. De La Paz
Contact Us
Schedule a Free Consultation
Law Office of
Michael R. De La Paz
Contact Us
Schedule a Free Consultation