No amount of money can ever replace a loved one. When a person is killed in a fatal car accident in Houston, the emotional devastation for their family is immeasurable. The grief is often compounded by a sense of injustice, knowing that the loss was caused by another driver’s negligence or recklessness. While no legal action can undo the tragedy, a wrongful death lawsuit can provide a measure of accountability and financial stability for the family left behind.
Understanding your rights and the legal process is a critical first step during an unimaginably difficult time. If your family is grappling with the loss of a loved one in a fatal car crash in Houston, a compassionate and experienced wrongful death attorney can guide you through the process of seeking justice.
What is a Wrongful Death Claim in Texas?
A wrongful death claim is a civil lawsuit that arises when a person’s death is caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another. In the context of a fatal car accident, this means filing a lawsuit against the at-fault driver to hold them financially responsible for the consequences of their actions.
This claim is entirely separate from any criminal charges the at-fault driver may face, such as intoxication manslaughter. A wrongful death lawsuit is filed by the family of the deceased to recover damages for their own losses stemming from the death.
Who Can File a Wrongful Death Lawsuit in Texas?
Texas law is very specific about who has the legal standing to file a wrongful death claim. The right is limited to the surviving:
- Spouse
- Children (including adult and adopted children)
- Parents
These family members can file the lawsuit individually or together as a group. If none of these eligible relatives file a claim within three months of the death, the personal representative (executor) of the deceased’s estate can file the claim on their behalf, unless specifically requested not to by the family.
Grandparents, siblings, and other relatives are generally not permitted to file a wrongful death lawsuit in Texas, no matter how close their relationship was with the deceased.
Recovering Damages in a Fatal Car Accident Claim
The purpose of a wrongful death lawsuit is to compensate the family for the economic and emotional losses they have suffered. The damages that can be recovered are meant to address the profound impact the death has had on the surviving family members’ lives. These may include:
- Loss of Earning Capacity: Compensation for the income the deceased would have provided for the family throughout their lifetime.
- Loss of Inheritance: The value of the assets the deceased would have likely accumulated and left to the family.
- Loss of Companionship and Society: For the loss of the unique love, comfort, and companionship the deceased provided.
- Mental Anguish and Emotional Pain: Compensation for the grief and suffering experienced by the surviving family members.
- Loss of Household Services: The value of the services the deceased provided, such as childcare, home maintenance, and support.
In addition to the wrongful death claim, the family may also pursue a survival action. This is a claim brought on behalf of the deceased’s estate to recover damages that the deceased themselves could have claimed if they had survived the accident. This can include their conscious pain and suffering before death, medical expenses incurred, and funeral and burial costs.
The Importance of Hiring a Houston Wrongful Death Attorney
Navigating a wrongful death claim while grieving is an overwhelming burden for any family. Insurance companies are aware of the emotional turmoil you are facing and may try to pressure you into a quick, inadequate settlement. You need a dedicated advocate to protect your family’s rights and financial future.
A compassionate wrongful death lawyer will:
- Handle all aspects of the legal process with sensitivity and respect.
- Conduct a thorough investigation to build an undeniable case of liability against the at-fault driver.
- Work with financial experts (economists) to calculate the full extent of your family’s long-term financial losses.
- Manage all communications and negotiations with the insurance company.
- Fight tirelessly to secure the full and fair compensation your family needs to find stability and a path forward.
Contact the Stano Law Firm for a Confidential Consultation
If your family has been shattered by a fatal car accident in Houston, you do not have to seek justice alone. The Stano Law Firm understands the profound pain you are experiencing and is here to provide the legal support and guidance you need.
We are committed to holding negligent drivers accountable and helping families secure the resources they need to face the future. Please contact us today for a free and confidential consultation. We will listen to your story, answer your questions, and explain how we can help. There are no fees unless we win your case.