Overview of Dallas Trucking Accident Wrongful Death Claims
Approximately 5,000 people in the United States are killed annually in accidents involving semi-trucks. The vast majority of people who lose their lives in trucking accidents – over 4,300 individuals – are people in passenger vehicles and not big-rig operators. If you have lost a family member in a big-rig accident in the Dallas area, you need to understand the basic facts associated with a Dallas trucking wrongful death claim.
There are a number of key points to consider when it comes to a wrongful death case. These include:
- Definition of a wrongful death case in the Lone Star State
- Identifying who can pursue a Texas wrongful death case
- Filing deadline associated with a Texas wrongful death lawsuit
Definition of a Trucking Accident Wrongful Death Case
In basic legal terms, a trucking accident wrongful death lawsuit is litigation pursued against the party or parties responsible for causing a wreck involving a semi. A Texas wrongful death lawsuit is pursued to seek financial recovery for losses that include:
- Final medical bills
- Funeral and burial expenses
- Mental anguish and emotional distress of surviving family members
- Lost wages
- Lost companionship
Depending on the facts and circumstances surrounding a particular semi-truck accident, the deceased victim’s family might be able to seek what are known as punitive damages or exemplary damages in a wrongful death lawsuit. Punitive or exemplary damages represent additional compensation awarded if the party that caused a semi accident engaged in conduct that was particularly reckless or egregious
Who can Pursue a Texas Trucking Accident Wrongful Death Claim?
Only specific, close family members may pursue a wrongful death claim against the party or parties that caused a semi accident. These are:
- Personal representative of the estate
If a person is killed in a trucking accident but does not have a surviving spouse, child, or parent, the personal representative of the deceased individual’s estate pursues a wrongful death lawsuit on behalf of any identified heirs. Heirs might include more distant family members as dictated by state law in the absence of a will. If there is a will, such a lawsuit may be brought via the estate’s personal representative for the benefit of the individuals named as heirs in the deceased person’s will.
When Does a Semi-Truck Accident Wrongful Death Lawsuit Need to be Filed?
Texas maintains a law called the statute of limitations. (Indeed, all states in the U.S.A. have this type of law.) The statute of limitations establishes a specific time frame within which different types of legal actions must be initiated in court.
If you desire to pursue a wrongful death lawsuit because you lost a family member in a semi-truck accident caused by someone else’s negligence, you must file that case in court within two years of the date of the fatal collision. If you fail to make that deadline, you will be precluded from ever seeking judicial redress for the loss of your family member.
The Importance of Retaining an Experienced Dallas Trucking Accident Lawyer
Wrongful death claims and lawsuits are among the most challenging types of civil cases imaginable. Consequently, you best protect your vital legal rights during these challenging times by retaining the services of an experienced, compassionate Dallas trucking accident lawyer with a background in wrongful death litigation – like a member of the legal team at The Doan Law Firm.
You can connect with our firm any time of the day or night by calling us at (214) 307-0000. Our telephone line is staffed around the clock, 365 days a day, including all major holidays.
We can schedule an appointment for you with a Dallas trucking accident attorney at your convenience at our offices:
The Doan Law Firm
2911 Turtle Creek Boulevard
Dallas, Texas 75219
We can also schedule an initial consultation with a Dallas trucking accident lawyer at your home or any other location that best meets your needs during these difficult, challenging times. There is no charge for an initial consultation and case evaluation with a semi accident attorney from our firm.The Doan Law Firm makes an important attorney fee promise to you. Our firm will never charge you an attorney fee unless we win your case for you. Our legal team is committed to fighting tirelessly for justice and the compensation you deserve in your case.
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