Car Accidents Resulting in Wrongful Death
A wrongful death is a death caused by another person or party’s negligence or misconduct. While many types of accidents can lead to wrongful death, car crashes are one of the most common causes of wrongful death. When a car accident results in wrongful death, surviving loved ones are likely to suffer catastrophic damages, including economic and non-economic losses.
Wrongful death laws allow descendants of the deceased to file a wrongful death claim to pursue financial compensation for related damages. Wrongful death lawyer Randy Akin works with individuals in Longview, TX, and surrounding areas to hold liable parties accountable for losses stemming from a car accident death.
Liability for Wrongful Death
To demonstrate liability for a wrongful death, the plaintiff must be able to establish a few key factors:
- The defendant had a duty of care to the deceased.
- The defendant breached that duty of care either through an act of negligence or willful intent.
- The defendant’s negligence was partially or wholly the cause of the deceased’s death.
The person or party who is found liable for a car accident is also responsible for any damages caused by the crash, including those related to a wrongful death. Every motorist has a duty to drive safely and follow traffic laws to minimize the risk of a collision. If they neglect that duty and a person dies as a result, it is enough to warrant the filing of a wrongful death claim.
Who Can File a Wrongful Death Claim?
A wrongful death claim is different from a personal injury claim because the victim is not able to file a lawsuit on their own behalf. Instead, surviving loved ones of the deceased have the right to file a claim to pursue compensation for damages suffered by the wrongful death victim, as well as their own losses related to the death. Each state has their own laws regarding who is legally able to file a wrongful death claim. In Texas, a wrongful death claim can be filed by:
- The deceased’s spouse
- Parents of the deceased
- Adult children of the deceased
- A personal representative of the deceased’s estate
Potential Damages in a Wrongful Death Case
There are many potential sources of damage in a wrongful death suit because the plaintiff is able to pursue damages on behalf of the deceased, as well as pursue compensation for their own personal damages related to the death. Depending on the circumstances of each case, our Longview clients may be awarded damages for losses such as:
- Hospitalization costs and/or medical expenses
- Pain and suffering of the victim prior to their death
- Funeral and burial expenses
- Loss of income
- Loss of benefits
- Loss of inheritance
- Loss of consortium (love, companionship)
Get in Touch
If you have lost a loved one as the result of a car accident, you have the right to seek financial compensation for wrongful death damages. To discuss the details of your situation with wrongful death lawyer Randy Akin, send us a message online, or call our Longview law firm at (903) 297-8929 to request a personal consultation.
