Over 3,700 people were killed in Texas vehicle accidents in 2017, including catastrophic accidents with semi-trucks. One of the most traumatic things that can happen during the course of a lifetime is the untimely death of a family member as the result of the negligence of someone else. If you’ve lost a loved one in a Lubbock truck accident, you need to understand your essential legal rights. The Doan Law Firm Lubbock Car Accident Hotline at (806) 557-0000 is staffed around the clock, 365 days a year, to provide you access to the information and assistance you need when a family member has been killed in an automobile collision.
Who Is Able to Legally Pursue a Texas Wrongful Death Case?
Texas law permits specific family members the ability to pursue a wrongful death claim. These include:
These family members can pursue a wrongful death claim jointly or on their own. They must begin the process of pursuing a claim within three months of a family member’s death. If they do not take action within this time period, the executor or personal representative of the deceased family member’s estate is then put into the position of being able to pursue a wrongful death action on behalf of that estate.
If an executor or personal representative pursues a wrongful death claim, the proceeds from a claim settlement or judgment in a lawsuit are paid to the estate itself. The proceeds are then distributed in the manner set forth in a will. If there is no will, the proceeds are then distributed according to Texas state law.
In addition to the three-month time frame, a wrongful death lawsuit must be filed within two years of the death of a family member. If the two-year deadline is not met, survivors will be precluded from pursuing a wrongful death lawsuit in Lubbock. There are some exceptions to this generally hard and fast rule.
Compensation in a Lubbock Truck Accident Wrongful Death Case
Obtaining true justice when a member of your family is killed by a negligent driver is impossible. The best that can happen is getting an award of appropriate compensation.
In a vehicle collision wrongful death case, a Lubbock car accident attorney from our firm typically seeks compensation on behalf of a client to cover losses that include:
Lost earning capacity
Mental anguish and emotional distress
Final medical bills
Funeral and burial expenses
In some cases, our firm is also able to seek what are known as punitive or exemplary damages in a wrongful death lawsuit. Punitive or exemplary damages are awarded in a wrongful death lawsuit when the conduct of the party or parties that caused the truck accident is deemed to be particularly egregious or reckless.
In addition to providing additional compensation, punitive or exemplary damages are also intended to serve as something of a punishment for particularly reckless conduct. They also serve to send a warning to other people about avoiding reckless conduct that can cause harm to other people. Our distracted driving accident attorneys in Lubbock are ready to fight for justice in your case.
Hire a Compassionate, Tenacious Fighter
The legal team at The Doan Law Firm includes experienced, caring Lubbock truck accident attorneys that have fought for the important rights of clients who’ve lost family members due to the negligence of other motorists. You can schedule a no-obligation, no-cost initial consultation right now with a Lubbock wrongful death lawyer from our firm by calling (806) 557-0000.
We are a nationwide law firm, with offices located from coast-to-coast in the United States. With that said, our firm is headquartered in Texas, our clients served by local attorneys like those on our Lubbock truck accident lawyer team.
During an initial appointment, an attorney provides a comprehensive evaluation of your case. In addition, you will get answers to your questions about the wrongful death claims settlement and lawsuit processes.