Texas – December 20, 2021
A driver who causes a death in a car accident is more likely to face a wrongful death civil suit than a criminal prosecution. However, the possibility of criminal charges exists, especially when a driver kills or badly injures a person. Call an attorney to discuss the case, especially if DUI, reckless driving, or distracted driving was involved. Talk to a Texas accident attorney who can explain the difference between negligent and criminal behaviors, and the importance of identifying all parties to an accident in Fort Worth.
The cause of an accident involving serious injury, or death will commonly be investigated by an expert accident reconstructionist to determine fault. A determination of fault can be made by professionals who have reviewed police reports, witness reports, car damages, roadway marks and other factors present at the time of the accident.
A wrongful death claim can be made against the driver of the car if it is found that he was negligent and that negligence caused the death of his passenger. If an action for a wrongful death claim is decided by an insurance settlement, that amount will vary according to the circumstances of the accident and the insurance coverages available for the parties involved. An attorney can review the case and give professional input after consultation with financial professionals and economists to see if the insurance settlement is fair, or if a case should go to court. It is critical to have a wrongful death case examined carefully by a qualified Fort Worth attorney to determine if it is better to settle or to go to trial. If there is clear evidence of negligence, it may be better to go to trial and prove that the death would not have happened if the other person had not engaged in misconduct or negligence. If the other party was clearly at fault, a wrongful death lawsuit will probably succeed. Wrongful death actions are often filed against drivers who did not follow traffic laws, involve themselves with criminal activities, and cause serious accidents.
Compensation for a wrongful death will be based upon factors used to arrive at a settlement figure including the age of the deceased, earning capacity, overall health, income at the time of death, if there are any dependents, level of education or specialized training, medical bills, and funeral costs. A wrongful death lawyer will help with valuation of expenses and may be able to access insurance funds to cover funeral and burial costs in a timely manner.
Utilizing the 51% fault rule in Texas, personal injury lawyers will explain how loss valuations determine the compensatory damages requested for lost wages, medical bills, medical care, and treatment, plus household expenses, and non-economic loss for pain and suffering, loss of consortium, or companionship. Exemplary (punitive) damages are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, such as driving while impaired. Texas law limits that amount to two times the actual damages up to $750,000 in total damages, or $200,000. Drivers are required to file accident reports with the Texas Department of Motor Vehicles within 10 days of an accident resulting in fatality, injury, or property damage of $1,000, or more.
Hire an attorney.
Accident victims or surviving loved ones should take steps to minimize additional stress by hiring competent accident attorneys at the Cooper Law Firm who will work with other experts to build a strong case toward comprehensive damage recovery.
Cooper Law Firm
N. Eric Cooper
Address: 501 N Third St,
Longview, TX 75601
Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035