Losing someone you love in a car accident is devastating.
It is also stressful, because you may not know what you should do next.
No amount of money can bring your family member back. But to get the justice you deserve, it is important to hire a top Austin wrongful death lawyer to file a wrongful death lawsuit.
What, exactly, can we do for you after your loved one dies in a car crash?
This article summarizes what surviving family members can do after a fatal crash in Austin.
And if you should find yourself in this terrible situation, know that the personal injury attorneys at Funk & Associates, a leading personal injury law firm, are committed to providing the best legal representation in Austin. We are here to listen, and we are here to help!
When Fatal Car Accidents in Austin Result In Criminal Charges
There are many causes of fatal road accidents in Texas. But many of these crashes are caused by negligence.
Certain accidents may result in criminal charges depending on the circumstances. Law enforcement officials will conduct an investigation at the scene of the accident, and the police report will play a crucial role in determining the cause of the crash and establishing liability.
Typically, fatal auto accidents do not lead to criminal charges. However, there are situations where an at-fault driver may face criminal prosecution, such as:
- Driving under the influence (DUI): In Texas, it is illegal for a driver with a blood alcohol concentration (BAC) of 0.08% or higher to operate a vehicle. And that’s if they are 21 years of age or older.. If a drunk driver causes a fatal accident, they may be criminally charged for DUI-related offenses.
- Drug-impaired driving: Operating a vehicle while under the influence of drugs can also lead to criminal charges following an accident. However, proving drug impairment typically requires thorough investigation and testing procedures immediately following the wreck.
- Reckless driving: This encompasses actions like fleeing from law enforcement or using a vehicle while committing a crime, which can result in criminal charges against the at-fault party.
If criminal charges are filed, the District Attorney’s office will reach out to your family regarding the prosecution process. The progress of the case within the criminal justice system is mostly out of your hands at this point.
However, the family retains control over civil proceedings. If criminal charges are filed or if the driver’s conduct is deemed reckless, the family may pursue punitive damages through a civil lawsuit.
When The Deceased’s Family Can File a Wrongful Death Lawsuit
A wrongful death lawyer can file a civil suit that allows surviving family members to obtain compensation for damages they have suffered due to their loved one’s death. In Austin and the rest of Texas, only immediate family members can file a wrongful death lawsuit. These are the surviving spouse, children, and parents of the deceased.
The types of wrongful death damages that can be recovered in a wrongful death car accident cases include:
- Funeral and burial expenses
- Mental and emotional anguish
- Loss of consortium
- Loss of financial support
- Loss of guidance, protection, and inheritance
- Punitive damages
- Medical costs
How Long After The Accident Do I Have?
According to the Texas statute of limitations, the family should file the claim within two years of the day of their family member’s death. However, if they die weeks after the accident due to their injuries, the clock begins at the moment they pass away.
The executor of the deceased’s estate can file a claim seeking compensation from the at-fault party on behalf of everyone.
The Estate Can Sue For Survival Damages
The estate of the deceased person can file a survival action claim. A survival action is meant to compensate the estate for the losses suffered by the individual before their death. These include:
- Medical bills
- Pain and suffering of the victim before their death
- Other personal injury damages before death
- Loss of income and potential earnings
- Property damage costs
Unlike in a wrongful death claim, the awarded damages will go to the deceased’s estate for distribution in line with their final wishes.
Quick Investigation Into The Wreck’s Cause Is Required
An accident investigation is needed to build a strong case and increase the chances of a justice being served. This investigation will help your attorney make sure all information and evidence are presented thoroughly and accurately.
Law enforcement officers should gather as much information as possible at the scene of the accident and prepare a crash report.
But that’s not enough. An independent investigation by the family must start as soon as possible. An independent investigation will come in handy, because often eyewitnesses or survivors cannot recall the events leading up to the crash. Your personal injury attorney may use an accredited car accident reconstructionist.
Rest assured, the guilty party has an insurance company that is already taking steps to defend their case as soon as they are notified about the accident!
Finding All The Responsible Parties
No two fatal car wreck cases are the same.
Apart from an at-fault driver or trucking company, other parties that may be held liable for death include employers (a trucking company, for example), car manufacturers, repair shops, tire makers, construction companies, or bars that may have “overserved” the at-fault driver.
Factors such as road construction and automobile defects can contribute to fatal auto accidents. Depending on the facts of the case, there may be multiple defendants.
When someone dies in a car wreck, an experienced Austin fatal accident lawyer can find all the parties legally responsible for the auto accident.
How Insurance Impacts The Value Of The Case
Insurance (or lack of insurance) can impact the value of a wrongful death case settlement.
The amount of insurance available to cover the claim is usually not a realistic amount of money to cover the damages.
If the deceased’s auto policy or the policy of the vehicle they were in included Underinsured Motorist coverage, that can help.
In cases where the responsible party is underinsured or is without insurance, the case’s value may be limited or nonexistent. You can’t get blood from a stone, unfortunately.
Austin’s Wrongful Death Experts Can Help
Fatal car accident cases can be complex, but legal experts specializing in wrongful death can help your family get justice.
Wrongful death lawyers like those at Funk & Associates will help you understand the legal process, properly value your case, give you the support needed to deal with the loss and provide legal representation if the case goes to trial.
We will also investigate, collect, and preserve evidence, introduce your family to experts who can strengthen your cases, and deal directly with the at-fault party and their insurance company on your behalf.
Ultimately, we are here to ensure your legal rights are protected throughout the process.
The decision to hire a wrongful death lawyer should not be taken lightly. Hiring the best attorneys is crucial to reaching a favorable outcome. It’s our job to level the playing field, work hard to protect the case, and ensure that your family gets the compensation you deserve.
Aggressively representing the “little guy” in order to maximize their financial recovery is what we do best. You are already grieving the death of your loved one; justice can help with your mental and physical recovery.
Contact Funk & Associates, the leading personal injury law firm in Austin, today for a no-obligation consultation regarding your case. Call 512-472-3865 today.
