Brownsville Fatal Car Accident Lawyers

What Am I Entitled to in a Fatal Car Accident Case?

If you choose to pursue a wrongful death claim after a fatal car accident, with the help of Brownsville fatal car accident attorneys, you will have to prove that the other party was negligent as mentioned and that this negligence led to the wrongful death of your family member. By consulting with an attorney as soon as possible, you can determine if you qualify for compensation due to the following:

• the financial cost for any funeral or burial services
• loss of income
• damage of property
• medical bills for the time in between the accident and the time of your loved one’s passing
• loss of companionship
• pain and suffering
• punitive damages

Acting quickly with an accident attorney will help you to determine if you have a viable case and to start building your case in preparation for compensation.

What is the Deadline for Claims?

In the state of Texas, you have two years from the time of the death to file your claim. If the car accident took place on the first of February, but your spouse did not pass away from the injuries they sustained until the fifth of February, that two-year deadline would begin on the fifth of February.

If, however, the fatal car accident involved a public vehicle like a public bus, that deadline shrinks to between 60 days and 90 days. In all situations, it is best to talk over your case with Brownsville fatal car accident lawyers who can give you a more precise deadline if applicable.

Who Can File a Wrongful Death Claim after a Fatal Car Accident?

The spouse, parents, or children of the deceased can file a claim in Brownsville. The children do not have to be under 18 to register for their deceased parent(s). However, only one wrongful death action is permitted for each case, which means the widow of the deceased and the descendant’s daughter cannot file separate lawsuits.

How Does This Type of Case Work?

If your loved one passed away from a fatal car accident, and you file a claim, attorneys will handle the case the same as all other car accident cases. The only exception is that the plaintiff is not the victim but rather a family member who represents the deceased.

The process will start by filing a claim on behalf of the deceased against the insurance company of the other driver or drivers. If the insurance company denies the claim or doesn’t offer an appropriate settlement, then legal action. At that point, the insurance company has 15 business days to respond. This process provides the courts in Brownsville with both sides of the story.

After that, each side begins a process of discovery where they find evidence to substantiate their claims. This information must be shared across party lines and, at any point, a settlement can be negotiated.

If a settlement is not reached during this time, a judge can make a ruling or it can go to trial.

How Do I Know If I Have a Case?

A fatal car accident in and of itself is not grounds for a wrongful death case. If, for example, your spouse was driving on a rainy evening and because of the slippery road conditions veered off I-69 and passed away, that is undoubtedly tragic but does not qualify as wrongful death, just a fatal car accident.

If, however, your spouse passes away because another driver was driving under the influence and speeding, and this results in a fatal car accident, the other driver would be considered negligent for both driving under the influence and speeding which means they are liable for compensation and you can submit a wrongful death claim.

You have to prove negligence like this to seek compensation. Proving negligence is a process that takes skilled attorneys, evidence, and knowledge of the Brownsville legal system.

Given that each case is different and the circumstances involving each accident are different, it is recommended that you speak with our Brownsville fatal car accident lawyers to have a better understanding of whether you have a case, what to do next, and what you might expect down the line.