car accident Losing someone you love unexpectedly often comes with huge emotional—and sometimes financial—burdens. This loss not only affects your life in the present, but likely alters with your projection of the future. A family that loses its sole breadwinner may be concerned that they will now have a less prosperous life. For this reason, families of victims should consider taking legal action after a fatal vehicle collision. With the help of a skilled wrongful death attorney, you can hold the at-fault party accountable for their negligent actions.

At Lone Star Injury Attorneys, we can help review your case and discuss the possible legal actions available for you. We understand that no amount of compensation can bring back your loved one or give back the quality of life you had before the accident. However, seeking monetary compensation for the death of your loved one may be the only legal remedy when you have large medical and funeral costs. A Missouri City fatal car accident attorney will walk you through your available legal options during your initial consultation.

What is a Fatal Car Accident?

Not all car accidents are fatal. Some result in minor bruises with no permanent injury to any of the parties involved. Others lead to severe injuries, such as total body paralysis, herniated discs, brain injury. As such, a fatal car accident is a crash that results in the worst case, the loss of life.

What are the Common Causes of Fatal Car Crashes in Missouri City?

In 2019, around 39,000 lives were lost to fatal car accidents in the United States. These fatal accidents happen due to several reasons. They included:

  • Speeding
  • Failure to yield right of way
  • Following too closely
  • Drunk-driving
  • Distracted driving
  • Reckless driving

A local fatal car crash attorney can determine liability by assessing the critical pieces of evidence including the police report and photos of the scene of the accident.

Types of Claims in a Fatal Auto Wreck

If your loved one lost their life in a car accident, you may be unsure of how to proceed with your claim against the responsible party. Dealing with the death of a family member is an enormous responsibility, and your legal right may not be in the forefront of your mind. However, you can delegate the protection of your rights with the assistance of a car accident attorney who is experienced in handling fatal cases.

If your loved one lost his or her life in the car accident, the decision to file a claim is one for the closest family member, often the spouse, children, or parents. You will have two main elements to your lawsuit. First, you will be seeking to acquire the benefits or claims that the deceased would have earned had they lived their full life. This is referred to as survival action.

Two, you will seek monetary compensation for the wrongful death’s effect on the closest family members. Unlike in the survival action where you sue for damages suffered by the deceased, a wrongful death claim will feature the direct losses you’ve felt from the absence of your loved one in your life.

Survival Actions in a Fatal Car Accident Cases

As mentioned earlier, a survival action is the recovery of benefits that the deceased would have been entitled to if they were alive.  As your loved one can no longer carry out their normal activities such as going to work and earning income, you may also be entitled to compensation for such lost benefits. This may include:

  • Lost wages
  • Loss of income earning capacity
  • Medical expenses
  • Pain and suffering
  • Emotional distress

Wrongful Death Claims

car crash

A wrongful death claim can be made by the spouse, children or parents of the deceased. Through this claim, you may recover monetary compensation for:

  • Burial/Funeral expenses
  • Loss of companionship
  • Loss of future inheritance
  • Loss of financial help
  • Loss of consortium

When filing a lawsuit for survival action or wrongful death, it is important to note that in most cases, you have up to 2 years to file a formal claim. Should this time lapse without filing in court, you may lose your right to sue. To ensure that you are not locked out of proper justice because of time, you should hire a fatal car accident attorney in the area as soon as possible.

Contact our Missouri City Fatal Car Accident Attorney

If you have lost a loved one in a vehicle collision, we understand that you need compassion and guidance to get through this part of your life. For this reason, a Missouri City fatal car accident attorney at Lone Star Injury Attorneys can take over the administrative and legal responsibilities. Contact us today to schedule a free consultation to discuss your case.