This is the first post in a series of articles discussing issues that commonly arise in wrongful death cases resulting from automobile accidents in Fort Worth, Texas. The tragic loss of a loved one after a car crash can leave the victim’s family members reeling, both emotionally and financially. When the accident was caused by the negligence or misconduct of others, survivors are entitled to recover damages from those responsible. Wrongful death cases can be particularly complicated and the legal process may seem overwhelming, especially after a tragedy. The goal of this series is to provide information about pursuing a wrongful death action after an auto crash and what survivors may expect during the process. If you have lost a loved one in a car accident, we recommend contacting an attorney as soon as possible to help preserve your family’s legal rights.
In this series, we will discuss the following key topics:
- How Texas’ comparative fault laws may impact a wrongful death car accident case
- Why settlement discussions often delay filing a lawsuit in wrongful death cases
- Wrongful death cases involving multiple defendants
- Taking a wrongful death car accident case to trial
If you have lost a family member in a car accident, it is important to understand these points for a variety of reasons. First, many families believe that they are not entitled to damages if the victim was partially responsible for the accident. This is not the case. If the victim was fifty percent or less responsible, survivors may recover a reduced amount of damages under Texas’ comparative fault laws. Second, the process of negotiating a potential settlement with insurance companies can be contentious and complex. Settlement discussions can, depending upon the facts of the case, take a significant amount of time. Because it is generally preferable to avoid litigation, talks with insurance companies may delay the filing of a lawsuit. Third, it is not uncommon for serious accidents to involve multiple defendants. This is especially true in car accident cases involving one or more commercial entities, such as the owner or leasing company of a semi-truck that caused the crash. It is essential to identify all possible defendants to ensure that the victim’s survivors are fairly compensated. Finally, if the case cannot be settled, it may be necessary to proceed to trial. Those bringing a wrongful death action should have an understanding of what to expect during that process.
The loss of a spouse, child, or another family member can be devastating. When selecting counsel, we suggest that you retain a firm with experience handling wrongful death cases resulting from car accidents. In addition, we suggest hiring a firm with multiple lawyers who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. This is true whether your case is in Fort Worth or other areas of Texas.