Every year, far too many Americans – roughly 38,000 in fact – lose their lives in fatal car accidents. These tragedies leave families reeling, not just from the devastating loss but also from the complexities of navigating the aftermath. When a fatal car crash results from negligence, surviving family members often find themselves at a crossroads – grappling with both grief and the daunting prospect of pursuing a wrongful death claim.
A fatal car accident lawyer in Texas, who focuses on wrongful death cases, can be a huge help in this situation. While no amount of money can bring a loved one back, a skilled lawyer can provide vital support in seeking fair compensation for the losses you’ve suffered. This can mean more than just financial security—it can also help you hold the responsible party accountable for their actions.
What is a Fatal Car Accident Lawyer?
You’re probably wondering what exactly a fatal car accident lawyer does. In short, they’re a specialized attorney who concentrates on wrongful death cases resulting from car accidents. With a deep understanding of personal injury trial law and the complexities that come with fatal car accidents, fatal car accident lawyers dedicate their practice to helping families navigate the often-treacherous waters of wrongful death claims.
Unlike the more general personal injury attorneys, fatal car accident lawyers focus intensely on state-specific laws, regulations, and the emotional toll that families face during the process. They have a deep well of experience handling similar cases—and that’s a big deal. A top-notch fatal car accident lawyer will have the skills to get the job done, from investigating accidents and gathering evidence to negotiating with insurance companies and taking your case to court if necessary.
And the best part – most fatal car accident lawyers work on a contingency basis, which means you don’t pay a dime in lawyer fees unless they win your case.
Understanding Wrongful Death vs Personal Injury Claims in Texas
So, what’s the main difference between personal injury claims and wrongful death claims? The key difference lies in who files the lawsuit and the types of damages sought. Personal injury lawsuits are filed by the living person who got hurt in a car accident – they’re seeking compensation for their medical bills, lost wages, pain and suffering, plus any damage to their vehicle.
Wrongful death claims, on the other hand, are filed by the surviving family members or estate representatives when someone dies in a car crash. These claims are focused on compensating the family for their losses, which can include funeral expenses, lost future earnings the deceased would have provided, and the emotional trauma of losing a loved one.
In both cases, the goal is to hold the responsible party accountable for their actions, but the processes and evidence required can differ significantly.
Survival Actions vs Wrongful Death Claims in Texas
In some cases, families can pursue both survival actions and wrongful death claims. Survival actions cover what the deceased person experienced between the time of injury and their death – that includes pain and suffering, medical bills, and lost wages. Wrongful death claims, on the other hand, deal with the losses that the family has suffered – loss of companionship, financial support, mental anguish, and so on.
However, it all depends on the state you’re in and the specific details of the case. A qualified lawyer can help figure out which claims you can make and how to get the best possible outcome for your family.
Who Can File a Wrongful Death Claim After a Fatal Car Accident in Houston
Now, let’s talk about who can actually file a wrongful death claim. In Texas, the immediate family can file. That means spouses, children, and parents usually have the right to file wrongful death lawsuits in Texas. However, it’s crucial to clarify this point: rules on this matter vary by state, so it’s best to consult a lawyer familiar with the local laws.
Estate or Personal Representatives – the unsung heroes in a wrongful death litigation. These family members, often appointed by the court, have legal authority to file a claim on behalf of the deceased and to distribute any compensation they receive in accordance with their state’s laws.
Timing requirements are a bit of a minefield when it comes to filing a wrongful death claim. Texas has a two-year statute of limitations from the date of the accident to file a lawsuit.
Establishing Fault in Fatal Car Accident Cases
Figuring out who was at fault in a fatal car accident is not always easy. To prove negligence, you need to show that the driver who caused the accident was careless and that their carelessness is what killed the victim. That all falls on the shoulders of the person making the claim. They need to conduct a thorough investigation of the accident and gather all available evidence to support their case.
Some of the key evidence you need in a fatal car accident case includes a police report from the officers who responded to the scene, witness statements from anyone who saw what happened, and any physical evidence you can find from the accident site – like skid marks, damage to the cars, and what the road conditions were like.
Specialists in accident reconstruction often play a crucial role in uncovering the truth in complex cases. They use their knowledge of physics, computer models, and engineering to determine what happened. They can tell you how fast the cars were going, what angle they hit each other at, and if there was anything the other driver could have done to avoid the accident.
Medical records and autopsy reports are also super important. They can tell you what killed the victim and whether it was directly because of the accident. That helps prove the link between the person who was at fault and the fact that the victim died.
Nowadays, there’s a lot of new technology available that can help prove the case as well. Cell phone records can show if the driver was distracted, and event data recorders in the cars can provide information on the driver’s behavior in the minutes leading up to the accident.
Common Types of Evidence in Fatal Car Accident Cases
Most of the time, the physical evidence from the accident scene is the cornerstone of a fatal car accident case. The damage to the cars, tire marks, and debris can help you determine what happened and how fast the cars were traveling. Traffic, dash, and security cameras from nearby shops can also provide a clear view of what happened.
Medical evidence goes beyond just the autopsy report – you also need to look at anything the victim got in the ER, any medical treatment they had beforehand, and any other treatment they had after the accident. That can help demonstrate the full extent of what they went through and support any other claims that may be made.
And then there’s all the new tech that can give you a better idea of what was going on with the driver. GPS data from the car, the apps the driver was using on their phone, and even social media posts can all be useful in determining what the driver was doing before the accident.
Dealing with Insurance Companies in Fatal Car Accident Cases
Insurance companies have personnel on their teams, including adjusters, investigators, and lawyers, whose job is to ensure the company doesn’t pay out more than it needs to. They often try to settle the case as quickly as possible for as little as possible, so they can avoid paying what they really owe.
Some common tricks they use include offering a large settlement that sounds good but, in reality, covers only a fraction of what the family deserves—and often gets them to agree to it without even checking the fine print.
A good fatal car accident lawyer is a great help in all this. They can handle the insurance company on your behalf and ensure you don’t accept an amount less than you deserve.
Sometimes, the insurance policy doesn’t provide the family with the compensation they are owed. In that case, the lawyer will explore other options, such as uninsured motorist coverage, umbrella policies, claims against the employer if the accident occurred while the individual was on the job, or potential product liability claims.
It can become very complicated, especially when dealing with commercial policies for truck drivers, ride-share coverage, or multi-layer coverage. That’s where an experienced lawyer comes in handy – they can figure out where to find the compensation.
Types of Compensation Available in Wrongful Death Claims
In a wrongful death claim, the family is entitled to what are called economic damages – these are the costs that you can put a number on. That includes any medical bills the victim had before dying, funeral expenses, and the victim’s lost future earnings, which would have been used for the family. Earnings are determined based on the victim’s age, earnings, any ongoing health issues, and their likely career path.
Medical bills are the most immediate cost, and these can include ER visits or any treatment the victim received before they died. Funeral costs, including burial, memorial services, and related expenses, are typically covered.
Working out the lost future earnings is more complex; you need an expert to determine what the person would have earned over their lifetime, based on their history, education, career prospects, and any ongoing health issues. This also takes into account factors such as health insurance, retirement contributions, and any other benefits they would have received.
Non-economic Damages – The Intangible Costs of a Family’s Loss
Non-economic damages try to put a value on the very real pain and suffering and grief a family feels when a loved one is taken from them in a car accident. These losses extend far beyond the financial support a loved one provided; they also include the loss of companionship, emotional support, consortium, and guidance that a family needs to heal and recover.
The loss of a loved one leaves a gaping hole in a family’s life, a void that’s the absence of the love, comfort, and companionship we take for granted when someone is still with us. And if those loved ones were parents, there’s the added pain of watching children grow up without the guidance and advice that’s meant to be there every step of the way. And let’s not forget the emotional distress and grief that can linger on for years – it’s usually the largest part of the damages in many wrongful death cases.
Punitive damages – which are designed to punish drivers who acted recklessly or negligently and to serve as a deterrent to others – may also be in play in particularly egregious cases. You might see them come up in drunk driving cases, or extreme speeding cases, or any situation where a driver acted intentionally in a way that caused a deadly car accident.
Calculating Damages in Fatal Car Accident Cases – Where Do We Start?
Family structure is a key factor – spouses and kids who depend on the deceased for financial support tend to get more compensation than adult victims without dependents. Of course, the extent to which family members relied on the deceased for emotional and financial support affects the economic damage calculations.
You might see economists testifying in court in wrongful death cases, explaining in detail what the victim would have earned, what benefits they would have gotten, and what household services they would have provided had they not been killed in a car accident. They help juries fully understand the extent of the loss’s impact on the family.
Each case is unique, and the compensation can vary wildly – you might see cases where the settlement amounts to hundreds of thousands of dollars, or cases that wind up in the millions. It really depends on the circumstances and often on the amount of insurance coverage.
Top Causes of Fatal Car Crashes – The Statistics Say It All
Drunk driving – with 25% of all traffic fatalities in Texas attributed to it according to the Texas Department of Transportation – is still one of the biggest contributors to fatal car accidents. Because drivers who are impaired act intentionally, these cases can often support claims for punitive damages.
Distracted driving, speeding, and reckless driving are all too common causes of fatal car accidents as well, each one leaving a trail of devastation in its wake. It’s worth noting that these cases require careful investigation to prove that the driver was indeed distracted, speeding, or acting recklessly at the time of the crash.
You’ll also see speeding contributing to around 26% of fatal car accidents, since speeding always means you’ve got less time to react before a collision, and the severity of the crash is just that much worse. To determine whether the collision was avoidable, accident reconstruction specialists are often called in.
And there’s a whole bunch of other causes of fatal car accidents out there, too, including drowsy driving, drug-impaired driving, and even weather-related factors like fog, rain, or snow. Sometimes the vehicle itself is to blame, perhaps due to a faulty part or poor maintenance. And sometimes the road conditions themselves are to blame.
How Long Do You Have to File a Claim for a Fatal Car Accident in Texas?
Texas has a statute of limitations of two years to file a case for a fatal accident. This is a strict deadline, and if you miss it, you’ll likely lose your right to sue, even if you’ve got a strong case.
A Fatal Car Accident Lawyer Can Help Your Family Through the Most Difficult Time
A fatal car accident lawyer provides so much more than just legal expertise – they can help your family navigate the aftermath of a car accident, which can be a total nightmare to deal with on your own. They can secure and preserve evidence, interview witnesses while they still remember what happened, and even hire expert witnesses to help build your case. With a good lawyer by your side, you’ll be able to get the justice you deserve and the compensation your family needs to move forward. Here is how we can help:
Evidence Gathering
Getting evidence requires action—often action that must happen quickly. Footage may be automatically deleted after a certain period, vehicles may be repaired or destroyed, and witnesses can be difficult to locate. Experienced attorneys understand the importance of safeguarding evidence and acting promptly to secure the crucial information needed to build a winning case.
Case Building
Developing your case is more than just gathering evidence – it’s about a solid legal strategy that addresses liability, damages, and the potential defenses at play. Attorneys who are experienced in handling fatal car accidents will typically analyze every single aspect of the case to present the strongest possible case for their client.
Settlement Negotiations
Settlement negotiations can be a significant challenge, particularly when dealing with insurance companies and accurately assessing the true value of a wrongful death claim. Fatal car accident lawyers have years of experience in negotiations, utilizing their knowledge of insurance company tactics, local jury verdicts, and effective negotiation skills to secure the maximum compensation their clients deserve.
When negotiations break down and a family is forced to go to court, experienced trial attorneys will represent them in court. This involves managing discovery, taking depositions, presenting expert testimony, and arguing the case before a jury.
Emotional Support for Your Family
It’s not just about the law, though. Fatal car accident lawyers provide emotional support and guidance to families during what is often the most difficult period in their lives. They handle the complex legal aspects, allowing families to focus on grieving and getting back on their feet.
The Legal Process in Fatal Car Accident Cases
Initial Consultation
The legal process typically begins with an initial consultation, during which attorneys evaluate the case and explain the family’s options. This complimentary case evaluation provides families with the opportunity to assess the value of their case and explore potential resolution options.
Investigation
Before matters proceed to court, pre-litigation efforts focus on thoroughly investigating the case and gathering the necessary evidence to support a successful outcome.
Negotiations
Attempting to negotiate fair settlements with the insurance companies. Often, these cases can be resolved without filing a lawsuit. However, if the other side is unwilling to budge, the threat of a lawsuit can often prompt them to come to the table.
Filing the Wrongful Death Lawsuit
If pre-litigation talks break down, the attorneys will file a formal wrongful death claim about the car accident in the form of a lawsuit to protect the family’s rights and start the discovery process. This is when formal legal procedures begin, including document exchange, depositions, and expert witness preparation for testimony.
Lawsuit Discovery
The discovery process is where both sides gather information and evidence relevant to the case. This includes reviewing police reports, medical records, employment records, and other documentation to help calculate damages.
Settlement or Jury Trial
Most cases are resolved through settlements, often even before a lawsuit is filed, because when insurance companies see the potential for a large jury verdict, they start to consider settling. However, experienced trial attorneys approach every case as if it’s going to trial, because that’s how they achieve the best possible outcome.
Trial preparation is a significant amount of work, involving collaboration with expert witnesses, developing evidence presentations, and building a compelling case for the jury. Fatal car accident trials can be emotionally challenging for families to go through, but sometimes it’s the only way to get the justice they deserve.
Choosing the Right Fatal Car Accident Attorney
Experience with wrongful death cases is the number 1 thing you want to look for when selecting a fatal car accident lawyer. Attorneys experienced in handling these cases understand the unique challenges, procedures, and strategic considerations that distinguish fatal accident lawsuits from other personal injury cases.
Trial Expertise
Having trial experience is particularly important because insurance companies know that attorneys who are willing and able to take cases to trial are more likely to get a better settlement. Attorneys with a track record of courtroom success have greater leverage to negotiate a better deal.
Success rates and track records can give you an idea of an attorney’s effectiveness, but each case is unique, and you have to take those metrics with a grain of salt. Families should conduct their own research and assess the attorney’s approach and attitude toward their case.
A Local Houston Attorney is Always Best
Local knowledge and expertise are crucial because wrongful death laws vary by state. A local attorney will be familiar with the local statutes, court procedures, and typical jury attitudes that can impact the outcome of the case. If you lost a loved one in an accident in Houston, hire an experienced Houston attorney.
Fatal Car Accident FAQ’s
How much does it cost to hire a fatal car accident lawyer in Houston?
Most fatal car accident lawyers work on a contingency fee basis – that means you don’t pay a thing unless they win your case. Contingency fees usually range from 33 to 40% of the total settlement or jury verdict. Our attorneys often offer free consultations to discuss your rights, options, and next steps.
How long do fatal car accident lawsuits in Texas typically take to resolve?
Fatal car accident cases can drag on for a year or more, or 2 to years, depending on a variety of factors. If it’s a pretty cut-and-dry case with clear who’s at fault and insurance companies that are willing to cooperate, you might be able to settle within six to 12 months. However, if you have a more complicated case with disputed fault, multiple parties involved, or insurance coverage issues, you may be looking at a timeframe of 1 1/2 to 3 years or longer.
Can I still file a claim if my loved one was partially to blame for the accident?
Yes, in Texas, you can still recover compensation even if the person who was killed was partially at fault for the accident. Texas uses comparative negligence laws, which is a fancy way of saying the actions of all parties to a car accident are compared, and a percentage of fault is assigned to each party. If the deceased is less than 51% at fault, the family may still be eligible to collect damages.
What happens if the person who caused the auto accident doesn’t have insurance or doesn’t have enough coverage?
If the person who was driving recklessly doesn’t have adequate insurance, there are still a few options that might be available to you to get some compensation. The first thing you might consider is whether you have uninsured/underinsured motorist coverage – in some cases, this can provide significant protection. However, you may still need to consider other parties, such as the driver’s employer if the accident occurred on the job or the vehicle’s manufacturer if there was a defect. And even if the driver doesn’t have any insurance at all, you can still pursue their personal assets, but that can be a lot harder. It’s a lot easier just to hire a lawyer to do the legwork and figure out your options.
Contact a Houston Fatal Accident Attorney to Learn About Your Rights And Options
At Baumgartner Law Firm, we have been helping families after the loss of a loved one for over four decades. We offer a complimentary consultation. And we’ll support you in every way possible. Contact us to schedule your consultation.
Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
Related Resources:
What Happens When Someone Dies in a Car Accident in Texas
The Process of a Wrongful Death Lawsuit in Texas
Common Questions About Wrongful Death Cases in Texas
Coping with the Aftermath of Fatal Accidents
Fatal Car Accident Statistics in Texas
Fatal Accidents in Texas Infographic
