McAllen, Texas is a growing metropolis near the Mexican border at the state’s southern tip in Hidalgo County. While many people find McAllen a great place to live or visit, fatal vehicle accidents happen far too often. According to the Texas Department of Transportation, six people lost their lives in accidents within McAllen city limits in 2020 alone.
If you have lost a family member to a fatal vehicle accident in McAllen, you might consider working with a fatal car accident lawyer serving McAllen. At D. Miller & Associates, PLLC™, our personal injury lawyers can help you understand your legal options and seek a financial recovery.
Can You Recover Damages After a Fatal Car Accident in McAllen?
When you lose a family member due to someone else’s carelessness, Texas law allows the deceased’s immediate family members to file for financial recovery. For a wrongful death in a fatal car accident, damages may include:
- Funeral and burial expenses for your family member
- Medical bills the decedent incurred after the accident and before death
- Pain and suffering
- Mental anguish
- Loss of wages
- Loss of inheritance
- Loss of household income
- Loss of consortium
- Loss of companionship
Some of these damages are economic, with a fixed value, and others are non-economic. Although non-economic damages impact your life as you continue without your loved one, they do not have an obvious financial value. However, our fatal car accident lawyers serving McAllen know how to determine how much financial recovery you deserve for these losses.
Should You Work With a McAllen Fatal Car Accident Lawyer?
If you believe negligence caused your loved one’s death, it may be beneficial to meet with a fatal car accident lawyer to discuss your case. Our team offers a free case evaluation, where you can receive an honest assessment and advice about your situation.
Grief is all-consuming at times. While your heart is hurting, you shouldn’t have additional worries about paying your bills and moving forward. Having an attorney on your side will ease the burden while you grieve and spend time with your family.
What a Fatal Car Accident Lawyer Will Do for You
A fatal car accident attorney serving McAllen will do the legwork necessary to compile your claim for financial recovery. We will discover what happened and who is to blame. We can field communications with the insurance companies and other defendants’ lawyers, leaving you free to attend to your family and their needs.
One of our primary tasks is to gather and organize the evidence, which may include:
- Information from the accident scene, including photos, reports, and video or surveillance footage
- Witness statements
- Medical information about the death
- Testimony from medical and industry experts
- Testimony from the victim’s loved ones
We can conduct an independent investigation and identify the liable person or entity. We will examine all the available information that allows us to establish who was at fault and begin to build your claim against them.
Our Fatal Car Accident Team Has Extensive Experience
Our team is familiar with Texas laws regarding vehicle fatalities and filing claims for recovery. The best gift we offer grieving families is the ability to handle all the legalities of their case, so they don’t have to.
Your Initial Case Evaluation Is Free
Your initial case evaluation is free. It’s not a sales gimmick. The free evaluation gives us a chance to meet each other, discuss your claim, and determine if we can have a good working relationship.
Some claims may settle quickly, but others may take a considerable time. Even though many claims settle long before the first court appearance, it can be a lengthy process. Building a solid case for negligence begins with building a solid client relationship.
How Does a McAllen Fatal Car Accident Lawyer Determine Liability?
Who the liable party is will depend on the type of accident. If it was a collision between two passenger vehicles, the other involved driver may be at-fault for the accident. However, if the collision was with an 18-wheeler semi truck, several parties could share liability, including:
- The driver
- The company that owns the truck
- A maintenance company tasked with keeping the truck road-ready
- Parts manufacturers, in the case of faulty parts
- Warehouse workers that loaded the trailer
Chain-reaction and multiple-vehicle accidents are also tricky because there could be more than one liable party. Some accidents also involve dangerous road or weather conditions, complicating matters further. Our team has experience sorting out the details to determine who is responsible.
How do You Prove a Fatal Car Accident Was Someone Else’s Fault?
To prove that a person or entity was negligent, we must prove the four elements of negligence:
- Duty of Care: The party or entity had a specific responsibility to perform a duty, such as driving safely or maintaining their vehicle correctly.
- Breach of Duty: The party, knowing or unknowingly, failed to perform their duty.
- Causation: The breach was a direct factor in causing the fatal accident.
- Damages: You and your loved one experienced damages as a result.
Using the evidence collected during our investigative process, our team can work to prove that the defendant was negligent.
What Should You Do After a Fatal Car Accident in McAllen?
There is a two-year statute of limitations for wrongful death cases under Texas law. This means any lawsuit must be filed within two years of your family member’s death. Texas also has stipulations on who can file for financial recovery after a fatal car accident. Only the surviving spouse, parents of the deceased, or children may file for financial recovery.
If you want to file a wrongful death lawsuit, it might be best to have a lawyer assist you.
Get Help from a Fatal Car Accident Lawyer Serving McAllen
A fatal car accident lawyer serving McAllen is prepared to begin on your claim. Contact our office to schedule your initial case evaluation and get started with D. Miller & Associates, PLLC™. We will listen and advise you on our recommendations for your next steps.