Texas laws only allow certain parties to bring a wrongful death lawsuit forward after a fatal truck accident. Emphasis is strictly on family ties, thus allowing the decedent’s surviving spouse, children, and parents to pursue legal action. These parties can file a wrongful death case and a survival action as the primary beneficiaries. The deceased’s legal administrator or executor is the only third party allowed to bring a claim forward on behalf of the surviving estate.
Hiring a knowledgeable truck accident lawyer in La Porte is essential for meeting these and other legal requirements.
Recoverable Damages in a Fatal Truck Accident Lawsuit
Filing a wrongful death case following a fatal truck accident in La Porte can provide necessary financial security to the surviving estate. It also allows for a sense of justice, knowing that the party responsible for the loss is held accountable through criminal and civil action. Every case is different, and there is no limit to the compensation eligible family members can pursue. Provided that the burden of proof is met, recoverable damages in a wrongful death claim are economic or non-economic.
Economic damages in a wrongful death case account for the tangible losses suffered by the surviving estate. They also account for those the deceased would have been eligible for through a personal injury claim if they survived. Lost income, funeral expenses, medical expenses, lost income-earning ability, lost financial premiums, dependency, and other out-of-pocket costs. A skilled La Porte personal injury lawyer will compile all economic damages that you and your loved one are entitled to for maximum recovery.
On the other hand, non-economic damages incorporate intangible losses. This includes loss of consortium, loss of companionship, physical pain and suffering, loss of affection, emotional distress, and more. These damages aim to cover the profound relational and emotional impact that surviving family members experience after the loss of a loved one. Retaining a seasoned wrongful death lawyer is crucial for evaluating these losses and recovering a maximum settlement.
For a free legal consultation with a fatal truck accident lawyer serving La Porte, call (832) 449-8230
Role of a Wrongful Death Attorney
The days following a fatal truck accident are overwhelming. Grieving families need ample time to come to terms with their loss. Retaining a wrongful death attorney is the best remedy for navigating the legal complexities of a fatal truck accident. As experienced legal professionals, they can facilitate the following:
Preserving Evidence
Evidence collection and preservation are critical steps necessary for building a solid wrongful death lawsuit following a fatal truck accident in La Porte. Because vital details and information may be altered, retaining a wrongful death attorney as soon as possible is essential. They can examine surveillance footage, speak to eyewitnesses, retain experts, and gather more evidence from the scene.
Proving Liability
As the plaintiff, the burden of proof is on you. This means you must demonstrate that the other party’s negligence caused your loved one’s death. Establishing liability hinges on proving duty of care, breach of duty, causation, and damages. A resourceful fatal truck accident lawyer will review driver behaviors and compliance with federal, state, and local trucking laws to identify potential breaches of duty.
Calculating Damages
A wrongful death attorney is your best advocate. They can accurately calculate and compile all losses related to wrongful death. With the assistance of expert witnesses, your attorney will quantify all damages and ensure they are correctly captured in the demand letter. They will fight for maximum compensation on your behalf.
Dealing With Insurers
Interaction with insurance companies following a fatal truck accident in La Porte can significantly influence the litigation process. Because insurers often downplay claims, retaining an aggressive legal professional safeguards your family’s interests. Your attorney will not settle for less and will proceed to court if insurance adjusters don’t pay fairly.
Peace of Mind
A fatal truck accident lawyer provides peace of mind to grieving families in La Porte. The aftermath of a crash is usually overwhelming for families, which makes it difficult for them to pay attention to legal concerns that arise. A compassionate wrongful death attorney steps in to allow them to grieve without halting the Texas justice system.
Furthermore, the Texas Statute of Limitations underscores the importance of prompt legal action. A claim must be filed within two years from the date of the decedent’s death. Failure to meet this timeline is a violation that could limit your right to justice.
La Porte Fatal Truck Accident Lawyer Near Me (832) 449-8230
Let Our Compassionate La Porte Fatal Truck Accident Lawyers Hold Your Hands
If you have recently lost a loved one in a commercial vehicle accident anywhere in La Porte, it is not the end. Take the first step now to seek justice for your loved one and secure your family’s future. Call us now to schedule a free consultation with our team.
Call or text (832) 449-8230 or complete a Free Case Evaluation form