Losing a loved one is always devastating, but losing them unexpectedly to a car accident can make the situation all the more difficult. The aftermath of the collision can feel like a whirlwind, and you may not know your next steps. That is where our fatal car accident lawyer serving Denton can step in.
At D. Miller & Associates, PLLC®, we have helped various surviving family members seek financial recovery after their loved one succumbed to their injuries from an accident. While you grieve and spend time with your family, our lawyer can investigate the incident, gather evidence, and pursue the appropriate parties to recover damages. We pride ourselves on accessibility to our clients, so never hesitate to reach out if you have any questions or concerns.
Possible Damages You Can Seek in a Denton Fatal Car Accident Case
The circumstances of your loved one’s car accident determine the nature of the damages you can pursue. For example, when your attorney reviews your case, they will ask questions like:
- What were their injuries?
- Did they pass away right away or later?
- What medical treatment did they receive?
- Were they the breadwinner of the family?
- How does their death affect the surviving family members financially and emotionally?
The answers to these questions may tell that you are entitled to collect a financial recovery for:
- End-of-life and postmortem medical bills
- Burial and funeral arrangement expenses
- Property damage costs for vehicle repair
- Pain and suffering
- Mental pain and anguish for surviving family
- Loss of financial support or inheritance
- Loss of consortium and/or companionship
Recovering these damages can help you and your family maintain your financial status and access the resources you need to cope with this tragic loss.
Who Can File and Receive Wrongful Death Damages in a Fatal Car Accident Case?
According to Texas law, the decedent’s surviving spouse, children, and parents may bring a wrongful death action against the other party. However, if they do not file within three months of the death, the decedent’s personal representative or executor can file if the aforementioned parties approve.
How Long do You Have to File a Wrongful Death Lawsuit in Denton, Texas?
Texas law does not allow forever to file a wrongful death lawsuit. Under the statute, wrongful death claimants have up to two years to take this action in most cases. The court may grant exceptions to the deadline, but those exceptions are uncommon. More importantly, delaying and missing the two-year mark tells the court that you are forfeiting your right to a financial recovery.
So, it would be in your best interest to get in touch with our firm as soon as possible. A fatal car accident lawyer serving Denton can identify the corresponding time limit and help you comply with it.
Note that insurance claims are independent of lawsuits, so the deadline to file a claim may vary based on the policy conditions.
Hiring Our Fatal Car Accident Lawyers Serving Denton to Take On Your Case
The attorneys at D. Miller & Associates, PLLC® have been fighting for a fair financial recovery for our clients since 2002. Now, it is time for us to put our experience, knowledge, and resources to work for you.
When you partner with our lawyers, we can:
- Establish negligence and the liable parties
- Fight for an appropriate settlement in negotiations
- Order a copy of the police report
- Collect evidence
- Review your loved one’s medical records
- Take over communication with everyone involved in your case
- Represent your wrongful death case in a trial
Client care is also a priority for our firm. For example, your attorney will keep you up to date on how your case progresses. Still, we want you to contact us if you feel uneasy or have questions regarding your case and how the overall legal process goes.
Determining Negligence and Liability in a Fatal Car Accident Case
Figuring out how the accident happened and who caused it helps us name who to pursue for your financial recovery. In doing so, we apply the standard of negligence to your case:
- Duty of care: Did the other party have the obligation to exercise a legal duty of care toward your loved one and other road users?
- Breach of duty: Did the other party fail to meet this obligation and act negligently?
- Causation: Did the other party cause a collision that led to your loved one’s death?
- Damages: Did your loved one and the surviving family member accumulate measurable damages?
If you answered “yes” to all of these questions, you could have a basis for a valid fatal car accident case. The court may not allow you to proceed with a claim or lawsuit if you fail to establish all of these elements.
Evidence like medical records, eyewitness accounts, relevant videos and photographs, and the police report can help us tell your side of the story.
Common Causes of Fatal Car Accidents
Different circumstances can contribute to a car collision in Texas. Your loved one’s accident may have stemmed from another driver:
- Driving impaired from drugs or alcohol
- Speeding or driving aggressively
- Driving distracted (e.g., texting and driving, daydreaming, eating, fiddling with the GPS, etc.)
- Driving fatigued
- Failing to check their blind spot
- Failing to yield
- Failing to follow traffic law
- Failing to merge or turn properly
Even though a driver is at fault in many cases, it is also possible for other parties to share blame. For example, a product manufacturer could be negligent if they produced and sold defective brakes to the other party. Likewise, a government agency may hold liability if it didn’t warn road users about road dangers or promptly fix defective street signs.
Your attorney can help you hold each responsible party accountable accordingly.
Turn to Our Fatal Car Accident Lawyers Serving Denton Today
If you lost a loved one to a car accident, don’t add any more stress to your life by taking on a legal case. Instead, have a fatal car accident lawyer serving Denton do that for you. You can learn more about our services when you call us for a free case evaluation. The sooner we get started, the better. Reach out to D. Miller & Associates, PLLC® today.