Fatal Car Accidents in Frisco
Among the various types of accidents that could lead to a personal injury, car crashes are some of the most common, and unfortunately, deadly. Anyone whose loved one died in an auto accident caused by a negligent driver knows all too well how challenging it can be to move forward with your life afterwards, let alone with legal action against the party responsible for the crash.
Fortunately, you do have the legal option to file suit on a deceased family member’s behalf, provided they would have had the same legal right themselves had they survived their injuries. Once retained, a knowledgeable injury attorney from the area could guide you through the entire process of pursuing civil compensation after a fatal car accident in Frisco.
What are Common Causes of Fatal Car Wrecks?
Although the consequences of a fatal vehicle crash are significantly more tragic than those of a non-fatal one, both kinds of incidents could still be subject to Texas personal injury law under specific circumstances. In other words, anyone who wishes to seek civil compensation following a car accident—including someone filing on behalf of a deceased accident victim—must prove through a preponderance of evidence that another party was legally negligent and therefore responsible for the collision.
Generally speaking, fatal auto accidents in Frisco most commonly result from front-end and driver’s-side-impact collisions. These collisions are often due to another person being intoxicated, distracted, or reckless behind the wheel. Professional legal assistance can be crucial not only to pursuing financial recovery for a family member’s death, but also collecting and preserving important evidence, such as police reports, photos from the scene, and eyewitness testimony.
Pursuing Damages for a Wrongful Death
As established in Texas Civil Practice and Remedies Code §71.004, only the spouse, children, and/or parents of someone killed in a car crash may pursue a wrongful death lawsuit on the decedent’s behalf in Frisco. If none of these parties exercise this right within three months, or if none are alive to use it, the executor or administrator of the decedent’s estate may pursue litigation instead.
Through a successful wrongful death claim, a qualifying family member or estate representative may pursue compensation for various expenses and losses that the decedent’s surviving family suffered as a result of the accident in question. Depending on the circumstances, specific recoverable damages may include:
- Funeral and burial/cremation costs
- Any medical expenses paid by the decedent’s family
- Loss of future financial support
- Loss of consortium for a spouse
- Loss of emotional support and care for children
- Pain and suffering
Damages the decedent themselves suffered prior to their death, like emergency medical bills and physical pain, may be recoverable through a separate survival action. With relatively few exceptions, either type of claim must be filed no later than two years following the decedent’s death, as per Texas Civil Practice and Remedies Code §16.003(b).
A Frisco Attorney Could Help After a Fatal Car Crash
No words can express how devastating losing someone in a vehicle wreck can be for a victim’s surviving family members, and certainly no amount of money could replace the full value of their life. What civil compensation could do, though, is ensure that you and your family do not suffer financially as well as personally because of another person’s negligence.
After a fatal car accident in Frisco, talking with a compassionate local lawyer may be the best course of action for preserving your future financial security. Call today to set up a confidential consultation.