Fatal Car Accident Claim Lawyer in McAllen
Helping You Seek Justice After a Wrongful Death
Every year, car accidents in the United States lead to tens of thousands of fatalities. These incidents are incredibly tragic, and most of them are entirely preventable. When someone else’s negligent or reckless conduct causes the death of another person, certain surviving family members are permitted to file a wrongful death lawsuit and seek justice and compensation from the at-fault person or party.
If you lost a loved one in a fatal car accident, we at Tijerina Legal Group, P.C. extend our sincerest condolences. We know that no amount of financial compensation can undo the loss of your family member, but a successful claim can allow you the ability to manage unexpected financial hardships and provide a sense of justice for you and your family. Led by leading McAllen fatal car accident claims attorney Humberto Tijerina, we have helped countless families throughout The Rio Grande Valley and have secured millions of dollars in restitution on behalf of clients who have experienced unimaginable losses.
Filing a Wrongful Death Claim After a Car Accident in Texas
After a fatal car accident, surviving family members are permitted to file a wrongful death claim and seek financial compensation for certain damages. In order to do so, you must be able to prove that your loved one’s death was the result of another person's or party’s negligent or wrongful conduct.
Examples of negligent and wrongful conduct that can lead to fatal car accidents include:
- Texting or using a cell phone while driving
- Driving while intoxicated
- Eating, drinking, or otherwise being distracted while driving
- Falling asleep at the wheel
- Engaging in road rage or aggressive driving behaviors
- Violating traffic laws (running red lights or stop signs, passing unlawfully, etc.)
- Failing to yield the right-of-way
While the negligence of other motorists is a leading cause of fatal car crashes, these accidents can also result from other contributing factors. For example, if a vehicle has a defective seatbelt that fails to restrain a passenger during a crash, a wrongful death lawsuit could be filed against the manufacturer of the defective seatbelt. Fatal crashes can also occur as a result of other defective auto parts or poorly designed vehicles, defective road design or construction, and more.
Who Can File a Fatal Car Accident Claim?
Texas wrongful death laws specify who may file a claim or lawsuit after any type of fatal accident, including fatal car accidents.
In Texas, the following individuals may file a fatal car accident claim or lawsuit against an at-fault person or party:
- The deceased’s surviving spouse
- The deceased’s surviving child/children
- The deceased’s surviving parent(s)
- The deceased’s surviving adult child
- The deceased’s surviving adopted child
The claim can be filed individually or collectively, but in any case, the above parties only have three months from the date of death to start the claims process. At this point, if none of the designated parties have brought a claim, the personal representative of the deceased’s estate may bring a wrongful death action.
Damages in Fatal Car Accident Cases
As in any type of personal injury claim, those who file a wrongful death claim do so in order to recover certain damages. These damages can be both economic and non-economic in nature.
In Texas, you may seek the following damages in a fatal car accident case:
- Loss of income/future earnings
- Pain and suffering, including mental/emotional anguish
- Loss of love, companionship, support, guidance, etc.
- Loss of the value of household/childcare services provided by the deceased
- Loss of expected reasonable inheritance
In addition to wrongful death claims, one can file a survival claim and seek the following damages:
- Conscious pain and suffering endured by the deceased prior to death
- Medical expenses for the deceased’s final treatment/care
- Funeral and/or burial expenses
In some cases, it may also be possible to seek punitive damages. These damages are typically only awarded when the plaintiff can prove that the defendant acted with willful and egregious disregard for human life.
How Our Firm Can Help
At Tijerina Legal Group, P.C., we know that the value of your loved one’s life is immeasurable. While no amount of compensation can make up for your loss or undo the pain and suffering your family has been through, a fair settlement or verdict can allow you to recover the financial resources you need to heal. A successful wrongful death claim can also provide a much-needed sense of justice. Our team is ready to fight for the justice you and your family deserve after a fatal car accident in McAllen or any of the surrounding areas.
Our award-winning law firm has been serving residents of The Rio Grande Valley since 2008 and has recovered millions of dollars in settlements and verdicts. There are no fees unless we win your case, and we always offer free and private consultations to all new clients. We can assist you in English or Spanish and are available 24 hours a day.
Call (956) 777-7700 now to learn more, including how our McAllen fatal car accident lawyer can help you get started with your case.