Who Can File A Wrongful Death Claim On Behalf Of Someone Who Was Killed In A Car Accident?

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Who Can File A Wrongful Death Claim On Behalf Of
Someone Who Was Killed In A Car Accident?
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The Texas laws for wrongful death actions allow
the surviving spouse, children, and parents of
the deceased to file a claim for damages
resulting from the death of their loved one. A
fatal car accident can be a case of wrongful
death if anothers negligence caused the
accident. In most cases, the other driver will be
liable for causing the fatal injuries, and you
may be eligible to file a wrongful death claim
against those responsible.
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Eligibility to File a Wrongful Death Claim In
Texas
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To file a wrongful death claim in Texas you must
prove that you are the spouse, child, or parent
of the deceased. The death must have occurred
because of negligent actions by another party and
claimants must establish liability for the death.
In the case of car accidents, your family will
have to provide evidence that shows the other
driver was at fault for causing the
crash. Claimants cannot establish a wrongful
death claim unless there is proof that the death
was because of another partys negligence.
Another factor to consider in filing a wrongful
death claim is time. The Texas statute of
limitations establishes that your family must
file the wrongful death action within two years
of the death.
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If one of the eligible immediate family members
have not filed a claim within three months of the
death, the executor or administrator of the
deceaseds estate may bring the action.
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Transitioning a Personal Injury Claim to a
Wrongful Death Claim
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Some serious injuries (such as those resulting in
coma, brain damage, and spinal cord damage) do
not immediately result in death. In these
situations, the victim and your family may have
already filed a claim for personal injury against
the negligent driver. If the injury eventually
results in your loved ones death, the personal
injury case remains intact in what is known as a
survival action. It is important to work with a
personal injury attorney who has experience
handling cases of wrongful death, as the laws and
settlement process differ in these cases. Rather
than seeking compensation for long-term damages
done to the victim, the damages in a wrongful
death action will reflect the burden and losses
of the family of the deceased.
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Fatal car accidents are just one of the many
causes that can result in wrongful death, and
Julies team is here to help your family recover
financially and emotionally. Contact the Law
Office of Julie Johnson, PLLC today to schedule a
free consultation regarding your case and learn
how attorneys ease the burden of the legal
process.
HireAttorney
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Contact Details
https//www.juliejohnsonlaw.com/contact-us/
12222 Merit Drive, Suite 1202 Dallas, Texas 75251
214-290-8001
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