If a Dallas truck accident caused your loved one’s death, you can file a wrongful death claim to seek justice on your loved one’s behalf. A wrongful death claim may also result in compensation for your losses. You could be compensated for funeral expenses, medical bills, the loss of your loved one’s income, and more.
A wrongful death occurs when someone’s death is caused by another party’s negligence or misconduct. For example, if your loved one was killed in an accident by a driver who was speeding or intoxicated, you can file a wrongful death claim against them.
The purpose of a wrongful death claim is to compensate surviving family members for their losses. Money can’t take away the pain of a tragic death in the family, but it may alleviate the financial burden created by the death.
Wrongful Death of a Loved One Caused by a Fatal Truck Accident
Car accidents involving commercial trucks often cause catastrophic damage. If your loved one was killed in a truck crash, you can take legal action against the liable party in the form of a wrongful death claim and/or survival action.
Economic Damages in a Truck Accident Wrongful Death Case
For many people grieving the death of a loved one, their anguish is amplified by the financial impact of the death. You may be facing significant financial hardship because of the unexpected death. A successful wrongful death claim can compensate you for financial losses. You could be compensated for the following economic losses:
- Loss of your loved one’s income: You could be compensated for the income your loved one would have earned if he or she was alive.
- Funeral and burial expenses: Many people are shocked by how expensive funeral and burial services are. You could qualify for compensation for funeral and burial or cremation costs.
- Loss of services: Did your loved one care for your children, help around the house, or perform other services? You could be compensated for the loss of these services.
- Medical bills: Did your loved one receive medical care between the accident and their passing? If so, any medical expenses incurred during this time may be reimbursed.
- Loss of inheritance: You may receive compensation for the loss of inheritance experienced by children of the deceased loved one.
Non-Economic Damages in a Truck Accident Wrongful Death Case
Financial compensation in a wrongful death claim or survival action aims to make the surviving loved ones whole again. No amount of money could truly compensate you for your loved one’s untimely death, but financial damages are the only legal remedy available in cases like these. You could recover financial compensation for:
- Your loved one’s physical pain and suffering
- Your grief and emotional suffering
- Loss of your loved one’s care, companionship, and society
- Loss of consortium
How Much Compensation Can I Receive?
Compensation from a wrongful death claim can vary. The amount of compensation you could receive largely depends on:
- Your loved one’s age
- Your loved one’s income and earning potential
- The circumstances of the fatal accident
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Who Can File a Wrongful Death Claim After a Truck Accident?
Texas law allows only certain individuals to file a wrongful death claim. The following people are permitted to bring a wrongful death claim or lawsuit after a fatal truck accident:
- The deceased person’s spouse
- The deceased person’s children
- The deceased person’s parents
A personal representative of the deceased person can file a wrongful death claim if the following are true:
- No qualifying family member files a wrongful death claim within three months of the death.
- The surviving family members consent to the wrongful death claim.
Statute of Limitations If a Truck Accident Resulted in the Death of a Loved One
Texas Civil Practice and Remedies Code § 16.003 places a two-year statute of limitations on wrongful death claims. If you want to file a wrongful death claim, you must do it before the statute of limitations expires. If you wait too long, the court can throw out your case.
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How a Lawyer Can Help You If a Truck Accident Caused Your Loved One’s Death
Commercial truck accidents are often legally complex. The truck company is likely the at-fault party in a case like this, and they will typically fight against the claim. Your lawyer’s job is to advocate for you and your deceased loved one and pursue maximum damages.
Investigating the Crash and Gathering Evidence
Your lawyer can conduct a thorough investigation into the truck accident. They can gather evidence, interview eyewitnesses, and work with experts. such as crash reconstruction professionals, to build a compelling case.
Determining Liability for the Fatal Truck Crash
Identifying who is legally responsible (liable) for the truck crash is a crucial aspect of the case. A lawyer can determine whether the liable party is the truck driver, truck company, truck manufacturer, or another party, and then work to hold that party accountable.
Negotiating a Settlement
Your lawyer can handle communications with insurance companies and other parties and protect your interests during settlement negotiations. An experienced lawyer will have the legal knowledge and negotiation skills needed to pursue the most compensation possible.
Representing You in Court
Sometimes, truck accident wrongful death cases involve a lawsuit through the court system. If your case ends up in litigation, you’ll want an attorney who understands the court process on your side representing you.
Let a Truck Accident Lawyer from Loncar Lyon Jenkins Help You
The personal injury and wrongful death attorneys at Loncar Lyon Jenkins have represented thousands of victims of negligence. We know how devastating a fatal truck crash can be, and we’re prepared to help you seek justice.
Our law firm takes wrongful death cases on a contingency fee basis. Our legal fees are taken from your settlement or verdict. In other words, you don’t need money upfront to secure our services. Let a truck accident lawyer from our firm represent you during your wrongful death case so you can focus on healing from this devastating loss.
Call us today for a free consultation.
