If your loved one has passed away in an auto collision, you’re probably dealing with a lot of pain, grief, and expenses related to their death. In addition, you might be wondering if you can file a car accident claim in Austin for a deceased family member.
Depending on the situation, there’s a good chance you can take action on your deceased loved one’s behalf and collect the damages you need to make it through this tragic time. However, you’ll need a skilled Austin car accident lawyer to help you do so. An attorney from Zinda Law Group can ensure your claim is filed correctly and fight for your compensation.
Eligibility for Filing an Austin Car Accident Claim on Behalf of a Deceased Family Member
There are several requirements you must meet to file a car accident claim on behalf of your deceased loved one in Austin. An experienced attorney can meet with you to discuss those requirements and determine if you have grounds for a wrongful death claim.
Until you meet with a car accident lawyer, it can be helpful to familiarize yourself with the following eligibility requirements:
Relation to the Decedent
Under Tex. Civ. Prac. & Rem. Code § 71.004, only individuals who have specific familial relationships to the decedent can move forward with a wrongful death claim. According to the law, you’ll only be able to take legal action if you are the decedent’s:
- Parent
- Child
- Spouse
- The executor of the decedent’s estate, in some situations
If your fiance or partner has passed away in a car accident, an Austin lawyer likely won’t be able to help you seek damages, as those relationships are not listed in Texas’ wrongful death law. On the other hand, if you have one of the abovementioned relationships with the decedent, you may qualify to take legal action.
Negligence
To file a successful claim, you and your lawyer must show that the offending motorist’s negligence caused the fatal collision. Doing so will help you establish liability and make a compelling case as to why you deserve compensation for your loss.
Proving wrongful death negligence and establishing liability involves four important steps. You’ll likely be able to file a winning claim if your attorney can establish the following elements of car accident negligence:
- Duty of care: First, your Austin car accident attorney must establish that the at-fault driver owed your loved one a duty of care. A duty of care is a legal obligation that all motorists have to drive in a way that prevents others from suffering foreseeable harm.
- Breach: Next, your lawyer must demonstrate that the driver failed to uphold a duty of care. This could involve presenting evidence that shows the driver was speeding, drunk, driving recklessly, or behaving in another way that put your loved one in danger.
- Causation: Your attorney must also show that the driver’s reckless actions directly caused the accident your loved one was involved in.
- Damages: Your attorney must use evidence like medical records, bills, and other documents to show how you and your loved one were affected by the fatal collision. If your attorney has the evidence required to complete all four of these steps, you’ll likely have grounds for a claim and will have an excellent chance of receiving damages.
Filing Deadline
The last requirement for filing a car accident claim on behalf of a deceased family member in Austin is that you must abide by the statute of limitations for wrongful death claims. Tex. Civ. Prac. & Rem. Code § 16.003 gives you two years from the day of your family member’s passing to take legal action against the party that caused their fatal injuries.
If you are still within the two-year timeframe, you’ll be eligible to file a claim on your loved one’s behalf. However, if the filing deadline has passed, you likely won’t be able to submit a claim and will have to go without compensation. Hiring a car accident attorney from Austin as soon after a crash as possible can protect your right to damages.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationCompensation You Could Receive from an Austin Fatal Car Accident Claim
If you are eligible to file a car accident claim for a deceased family member in Austin, you could receive a variety of damages to help you stay sane and financially stable throughout your grieving process. With a trusted car accident lawyer by your side, you could receive any of the following damages:
- Inherited medical expenses related to your loved one’s fatal injury
- Loss of financial support and inheritance
- Funeral and burial costs
- Pain and suffering
- Grief and menstrual anguish
- Loss of services
- Loss of consortium
- Loss of enjoyment of life
The remedies listed above can improve your life after a family member’s death. That’s why it’s important to find out whether you’re eligible to file a car accident claim on behalf of your deceased loved one. If you’re still not sure if you meet Texas’ qualifications for a claim, a skilled car accident lawyer from Austin can review your situation and offer advice.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationSchedule a Free Consultation With a Compassionate Car Accident Attorney
Navigating the aftermath of a loved one’s death can be a heartbreaking and financially devastating experience, especially if they passed in a sudden and tragic auto collision. Fortunately, an attorney from Zinda Law Group can meet with you and determine if you can file a car accident claim for your deceased family member in Austin.
Contact a car accident lawyer from our team today to find out if you have grounds for a claim. If we agree to take on your case, you’ll benefit from our unparalleled integrity, excellent communication skills, impressive experience, and commitment to your success. We look forward to hearing from you soon and providing the compassionate advocacy you deserve.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
