If you’ve been in a car crash and sustained an injury, it’s important to work with a lawyer who has experience with cases similar to yours. This means hiring a personal injury lawyer who specializes in car accident cases. Hiring a general lawyer – or jack of all trades – is generally not a good idea.
In addition to grieving a sudden monumental loss, the victim’s family faces a host of other challenges, including potentially devastating financial consequences.
Unfortunately, this means that Texas has a high number of traffic accidents. In fact, Texas leads the nation in the number of fatal traffic accidents per year with around 3,500 killed.
The investigating officer will examine the scene, take statements from the persons involved and witnesses, if any, and form a conclusion as to fault for the collision.
Fatal car accidents happen every day, tragically ending lives and forever damaging the lives of the surviving family. At The de la Garza Law Group, we represent clients who have lost loved ones in catastrophic car accidents. Our team of attorneys provides clients with personalized representation.
We proudly represent clients throughout Texas, including all major metropolitan areas.
If your loved one did not cause the accident that killed them, you may want to consider filing a wrongful death lawsuit. You may want to file a claim yourself at the courthouse, but your claim will have a greater chance of being successful and you’ll stand to gain more compensation if you have an experienced car accident attorney represent you.
After a fatal crash, the deceased’s surviving family member will need to file a claim with the accident victim’s insurance company. A claims adjuster will be appointed to your case, and they will ask you questions about the accident. During this process, it is important that you do not admit anything if you believe the deceased was even partially ...
Punitive damages are awarded when the at-fault driver meant to cause harm or behaved in an extremely negligent manner, such as drunk driving. Which survivors of the deceased will be able to file a claim will depend on your state’s laws.
Either the police, mortuary staff, or hospital staff will hold onto any personal effects your loved one had during the accident, such as belongings that were in the car, their cell phone, or any jewelry they were wearing.
What Happens After a Fatal Car Accident? When someone dies in a car accident, their survivors will have to deal with the aftermath. Filling out paperwork, talking to insurance agents, and making funeral arrangements are the last thing anyone wants to think about while they are grieving.
Which survivors of the deceased will be able to file a claim will depend on your state’s laws. A lawyer can tell you who will be able to recover damages and how the compensation will be distributed.
You will be able to collect the deceased’s belongings if you wish, but it is optional and you don’t have to. If items are bloodstained, you will be able to remove the blood stains yourself or ask that they be cleaned before they are returned to you.
An at-fault driver will want to hire an attorney to minimize his or her liability and potentially prove the plaintiff’s fault in the matter.
Texas is one of many states that follow comparative negligence laws. These laws allow plaintiffs to recover damages after car accidents even if they were partially to blame for causing those accidents. Texas law stipulates that a plaintiff receives compensation diminished in proportion to his or her fault percentage, so long as his or her fault does not exceed the fault of the defendant or defendants in the claim.
A car accident can happen extremely quickly, and it may be difficult to determine fault immediately after an accident. If a driver suffers severe injuries and requires ambulance transportation, it is unlikely he or she will be able to secure any evidence immediately after the crash, such as the other drivers’ contact information ...
For example, if a traffic camera recorded the intersection where an accident occurred, your attorney could subpoena the traffic camera footage for use in the trial. Your attorney will likely also interview any witnesses who saw the crash and help corroborate your version of events.
When a plaintiff faces multiple defendants in a lawsuit, the comparative negligence statute will still apply; the plaintiff’s fault percentage may not exceed the combined fault of the defendants. If the jury deems one defendant 25% at fault and the other 25% at fault, then the plaintiff’s fault would not exceed their combined fault and the plaintiff would qualify to receive 50% of the claim value.