Damages recoverable in a fatal accident in Texas
The sudden and tragic loss of a loved one in a fatal accident on a highway in Austin can be an overwhelmingly emotional and devastating time for a family. Aside from the emotional impact, the death of a relative may also mean economic hardship for the survivors. If the death was caused by the conduct of a negligent driver, Texas provides a means for certain family members of the deceased to file a claim for compensation.
State law provides for a cause of action in favor of the spouse, children and parents of the deceased victim who died because of the negligence of another person in a fatal trucking accident or other motor vehicle accident. Those named in the statute as having a right to file a claim may do so as a group or, if they so desire, individually against the responsible person or entity. If the family members do not file a claim within three months of the date of death, the executor or other personal representative of the estate of the victim must file the claim on their behalf unless he or she is instructed not to do so.
Damages that may be recoverable in a wrongful death lawsuit include pain and suffering, funeral expenses, and such other damages that are in proportion to the loss suffered by the family. The law also allows a jury to award exemplary damages to the family if it finds that the victim died because of the gross negligence of another person.
Family members with questions and concerns about the death of a loved one in a fatal accident might benefit from discussing them with a knowledgeable personal injury attorney. Reviewing the facts and circumstances of the fatal motor vehicle accident with an attorney might provide relatives of the victim with a better understanding of their right to compensation.