Throughout the state of Texas, a fatal car accident is one where an individual dies as a result of the negligence of another person. Essentially this means that if someone is killed in a car accident, a car accident that is the fault of another driver, a wrongful death claim can be brought against the other driver for compensation.
Every year there is an average of 40,000 deaths from fatal car accidents across the United States. If your loved one was killed in a San Antonio fatal car accident, your family might be entitled to some form of compensation for your pain and suffering.
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At Begum Law Group, our San Antonio lawyers are here to help you understand the process of filing a claim after a fatal car accident. This includes (but is not limited to) when and where compensation is determined and how to handle the legal process. Let us know how we can help you find the answers you need:
Call The Law Giant at Begum Law Group at 210.921.2200 or contact us online to schedule a free consultation.
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If you file a wrongful death claim or suit after a fatal car accident, the settlement you receive is an assessment of monetary damages as stipulated by the judge or the jury depending on whether or not the case goes to trial. The amount you receive for the settlement is based upon your individual case, but it can include things like:
The settlement can be agreed upon out of court, which can expedite the process.
For a fatal car accident to bring about a legally viable wrongful death claim, the person who submits the claim has to demonstrate that the deceased died as a direct result of recklessness or negligence of the other driver.
Throughout the state of Texas, the spouse, children, or the parents of the deceased can file a wrongful death claim. Children could seek compensation if they lost a parent even if that child is over the age of 18. In Texas, siblings and grandparents alike are not allowed to file. But unlike other states, there is not the same delineation in terms of when throughout the statute of limitations each particular party can file.
In the state of Texas, you have two years from the date of the death to file a claim after a fatal car accident. Bear in mind that if an individual is involved in a severe car accident and sustains injuries, but doesn’t immediately pass away from those injuries, the two-year statute of limitations begins when they pass away, whether it is a few days or a week after the accident, and not when the car accident took place.
It is for this reason that it’s essential to work with a San Antonio fatal car accident attorney who can start your claims process immediately and navigate the next steps to avoid any stalling efforts that the other party might try. Rest assured that insurance companies, claims adjusters in particular, are given the training to help them offer the lowest possible settlement or avoid a settlement altogether. While you focus on final expenses, burials, and moving forward through your grief, we can help focus on your claim to make sure it is filed within the appropriate amount of time, so you don’t lose out on any proper compensation.
Damages for wrongful death settlements are based upon each case. If, for example, the person who was killed as a result of the car accident was the primary income provider for a family with young children, the lost income stream would be calculated into the amount of financial loss.
While every case is slightly different in terms of the damages that can be awarded, the calculation used in San Antonio is consistent across all of them and is based upon things such as:
These three items are considered compensatory damages, which are designed to compensate you for your losses.
If the other party was particularly negligent or reckless, the judge might see fit to award you punitive damages which are meant to punish the other individual for the negligent crime they committed. Punitive damages are designed as an incentive to prevent people from behaving in the same fashion in the future.
The length of time required to settle a case of a fatal car accident in San Antonio is based on the circumstances. If, for example, the other driver was under the influence and they accept responsibility and have been arrested for drunk driving, a case could be settled within months. If they try to fight the negligence that results in a fatal accident, the case could be extended anywhere between one year and four years. If a case ends up going to trial, it gets settled on average within five days, but it can take between one and two years for the case to go to trial.
of personal injury claimants with legal representation receive a settlement or award.
If someone you love has passed away because of a fatal car accident, whether you were involved in that accident or not, you need someone by your side to help ease the burden of claims, lawsuits, medical bills, and insurance companies. Contact our San Antonio attorneys today to discuss your case:
Call Begum Law Group at 210.921.2200 or contact us online to schedule a free consultation.