The Complexity of Fatal Auto Accident Litigation

Few claims of wrongful deaths are simple. In some situations, family members may not understand whether their loved one’s death is eligible to file a wrongful death civil legal action. Note that a legal action is a kind of wrongful death civil claim, which means it may bring a legal action for wrongful death, regardless of the presence or absence of criminal charges against those liable. By way of example, say that the driver is driving recklessly and accidentally struck a pedestrian in a crosswalk. The pedestrian was mortally wounded in the accident. In all likelihood, the driver would be not charged in the death because it is very probably the case that the driver did not mean to kill pedestrians. However, the driver was careless, which means that the family members of the pedestrian might sue the wrongful death civil legal action against the driver, despite the absence of criminal charges. But even if charges are brought, the family members may still sue in civil court. If in the example above, the driver was drunk, they would very probably face some sort of indictment in the death of the victim such as intoxication manslaughter, perhaps. Even if the driver is tried and convicted of these sorts of charges, the family members may still sue for wrongful death civil.

Under Texas law, four conditions must be fulfilled for an applicant to have a legitimate wrongful death trial:
The plaintiff in the civil wrongful death proceedings has suffered a kind of economic damage was the cause of by the death of the victim
The victim was killed in fatal auto accidents that were caused in whole or in part by the actions or inactions of another party or parties
The party (parties) liable for the accident must have behaved carelessly at the time of the accident
Some of the survivors or loved ones are beneficiaries who deserve to apply for either the survival of any damage or wrongful death damages

In some situations, there may be caps on the amount of damages that the plaintiff may recover with a combination of civil wrongful death. In other claims, a higher standard of proof is needed for the pursuit of a wrongful death suit. Plaintiffs will face similar challenges in wrongful death lawsuits where it happens on the job such as a fatal auto accident suffered while on the job. In these sorts of claims they have to fight the workers’ comp system. If your loved ones’ employer has workers’ compensation at the time of the accident, the amount you may recover will be extremely low compared to general wrongful death claims. In these sorts of situations, frequently, our law office looks for third parties who were also liable for your loved one’s death and files claims against them. And if our firm can show that your employer has been grossly negligence, the cap imposed by workers’ compensation does not apply. However, it is an extremely strict standard of proof. Our Texas fatal auto accident attorneys understand how to pursue what is needed in these sorts of claims. As you see, these sorts of claims are frequently much more complex than they seem at first sight – and thats even before any legal opposition is even considered. It is the kind of trial that you must have a proven Texas fatal auto accidents attorney on your side. Laymen may sometimes bring their own personal injury lawsuits in certain situations. However, the filing of a wrongful death without further extensive legal experience is a recipe for failure. These sorts of claims are extremely complex and technical, and you need aid from a proven lawyer to make sure that those liable for your loved one’s death will be held to account. Allow our Texas fatal auto accident attorneys to make sure that your family members legal rights are preserved.