You may be eligible to file a wrongful death lawsuit if someone dies in a fatal motorcycle accident in Texas. However, you must prove another party was liable.
Parties That Qualify to File and Benefit from a Wrongful Death Case in Texas
The surviving spouse, children, or parents of the deceased are eligible to file and benefit from a wrongful death lawsuit. Adoptive parents can also file wrongful death cases for the loss of their adopted children, and vice versa.
If there is no family or should there be no desire to file a lawsuit, the executor of the deceased’s estate can file a lawsuit if necessary.
Determining Whether You Have a Valid Case
Our wrongful death attorneys will investigate the accident that killed your loved one. We can determine whether you have a valid wrongful death case. To have a valid case, the other party must have acted negligently and caused the accident. Negligence may include any of the following actions and more:
- Driving while intoxicated, drowsy, or distracted
- Failing to adequately survey the area for motorcycles
- Speeding or otherwise driving recklessly
- Failing to yield right-of-way when turning left at an intersection
Gathering Evidence to Prove Negligence
This may include gathering evidence such as:
- Eyewitness testimony
- Surveillance video from nearby businesses
- Expert witness testimony (such as from an accident reconstruction expert or medical expert)
If your loved one’s accident resulted from a defect in their motorcycle, we can also look into filing a wrongful death lawsuit against the manufacturer and holding it liable for the loss of your loved one.
Recoverable Damages in a Texas Wrongful Death Lawsuit
Losing a loved one is difficult. There are also other damages that may be part of your case. The damages that may be included in your case depend on the circumstances of the accident and your relationship to the deceased; however, the following are examples of common wrongful death damages.
- Medical expenses (if your loved one survived the accident but later passed away after receiving medical care)
- Funeral and burial expenses
- Loss of income
- Loss of any household or family services your deceased loved one provided (e.g., yard work, childcare, housekeeping, etc.)
- Loss of inheritance
- The costs of emotional therapy to cope with the loss of your loved one
- Mental anguish
- Loss of companionship
- Loss of counsel and advice
It is impossible to estimate the value of your case without first speaking with you and investigating your case because every injury and loss is different. When you work with the wrongful death team at D. Miller & Associates, PLLC, we will perform a thorough investigation into the accident and learn how your loved one’s death affected you and your family..
Filing a Survival Action in Texas
In some cases, you may also be eligible to file a survival action on your deceased loved one’s behalf. This may allow you to recover for mental anguish and pain and suffering. You may also be able to claim economic damages such as medical expenses and funeral expenses.
How a Texas Wrongful Death Attorney Can Help With Your Case
Filing a wrongful death lawsuit can be one of the most difficult things you have to do in life. However, you do not need to handle it alone. A wrongful death attorney from D. Miller & Associates, PLLC can handle your case from start to finish.
We can help you:
- Interview witnesses
- Gather evidence to bolster your case
- Find and speak with experts who can testify on your behalf
- Handle all communication with the at-fault party and/or their insurer
- Negotiate a fair settlement to cover all your losses
If the at-fault party or their insurer refuses to offer a fair settlement, we can take your case to court and fight for a fight for a fair settlement.
You Only Have Two Years to File a Claim, Act Quickly
allows only two years to file a wrongful death lawsuit. If you fail to do so within this time limit, the court will likely bar your claim. This means you would be unable to recover anything after your loved one’s wrongful death.
A motorcycle accident lawyer from D. Miller & Associates, PLLC will ensure you meet all necessary deadlines to recover after your loved one’s fatal motorcycle wreck.
Seek Legal Help From a Wrongful Death Lawyer Today
We know there is no financial recovery that can bring back your loved one; however, we want to help you hold the at-fault party liable and get you the recovery you deserve.
Call us whenever you are ready to schedule a free consultation with a member of our team: 713-850-8600.
Related Frequently Asked Questions
- What Happens If You Can No Longer Work After a Car Accident?
- How Should You Deal With Your Insurance Company After an Auto Accident?
- My Loved One Was Injured Or Killed In A Bus Accident, Who Is Responsible?
- How Long Do You Have to File A Claim for A Slip and Fall Injury in Texas?
- Is It Always Your Fault If You Rear End Someone In Texas?