Get A Free Consultation
(832) 449-8230
Probably the most frequent question our Bellaire fatal car accident lawyers get is whether any party is eligible for compensation on behalf of the deceased. Most people want to know whether they can be compensated for burial expenses, lost wages, emotional distress, medical expenses, loss of consortium, and more.
Because each case is unique, we recommend that you speak with our team first. They will review the circumstances around your loved one’s death to establish any form of negligence in the moments leading to the crash. Call our compassionate car accident attorneys to discuss your wrongful death claim.
Most fatal car accidents involve negligence according to the Texas Department of Transportation. While the aftermath of many of these accidents is somewhat similar, the causes behind them may vary. Some of the widely reported reasons why fatal car accidents happen include:
As you may notice, many of these causes involve driver negligence. However, some scenarios are beyond the driver’s control as is often the case with accidents involving faulty vehicle components and systems. Hiring a skilled Bellaire fatal car accident attorney is your best guarantee of defining fault.
Just as with a personal injury case, the administrator or surviving estate of the deceased in a wrongful death claim has the right to pursue monetary compensation. Of course, the first avenue for settlement is negotiating with insurance companies. In this case, you bring the matter to the other party’s insurer or that of the deceased. Regardless, the process is usually the same. Besides settling the fatal car accident case, you may decide to proceed to trial with the help of an experienced Bellaire fatal car accident attorney.
Here is what to expect in both scenarios:
Most car accident cases do not go past this stage. Many victims prefer dealing with insurance companies to going to court since the latter is time-consuming, rigorous, and often expensive to undertake. Settling means you compromise with insurance companies out-of-court. The process involves the all-important demand letter that contains details about the fatal accident, the damages you suffered, and the amount of compensation you wish to recover. In most cases, a fatal car accident attorney will quote a higher claim than your losses to allow for negotiations.
After the demand letter is received by the insurance company, they must answer back accepting or denying your claim. Do not be surprised if they put up a fight. As businesses, they profit by paying out the least amounts, and will therefore frustrate you so you can give up on your rightful compensation. With a bold fatal car accident lawyer, the back-and-forth negotiations will center on the need for a fair settlement that covers a majority, if not all of your damages. Once an offer is agreed upon, you get to sign a release that essentially bars you from pursuing any more damages after your case is settled.
If your wrongful death claim is not settled out-of-court, the only option available is to proceed to the corridors of justice where a jury makes a ruling. Preparing for a court process is not a one-day affair. You need to follow all legal guidelines put in place concerning liability, damages, the statute of limitations, and more. You must also know how different state and federal laws affect your claim. For example, each state has different laws regarding eligibility for filing a wrongful death case. So if you are not among the parties qualified to sue on behalf of the deceased, your case cannot proceed.
Hiring a qualified Bellaire fatal car accident lawyer is a game-changer, especially when you are not conversant with Texas personal injury laws. For instance, you must demonstrate the four elements of negligence as applicable in your case. Defining duty of care, breach of duty, causation, and damages is not something you learn in a day. It takes years of legal experience to effectively argue your case.
Your attorney will file a petition to the party at fault listing your damages and why they have financial responsibility over your losses. Defense attorneys will write back accepting or denying part or all of the claim. Defendant’s answering marks the beginning of the trial process. Call Lone Star Injury Attorneys today to schedule a consultation with our team.
Lone Star Injury Attorneys, PLLC
N/a
