If a member of your immediate family suffered serious injuries in a Texas accident someone else caused, they deserve compensation. If your family member is too seriously injured to contact a lawyer, you can reach out to an attorney on their behalf. The personal injury lawyers at D. Miller & Associates, PLLC, can help you understand their right to take action, and guide you through the steps to ensure you have the legal authority to act on their behalf.
We always encourage personal injury victims or their family members to reach out to us as soon as possible. Evidence can disappear in the days or weeks following an accident, and waiting for your loved one to recover may hurt their case.
Call us at 713-850-8600 to get started with a free consultation.
How Do I File a Claim for a Family Member Who Suffered Catastrophic Injuries?
If your family member recently suffered catastrophic injuries in an accident, you may not know the full extent of the impairments they will have or even if they will survive. This makes it difficult to make any decision, and many families wait to see what the future holds before calling an attorney. However, waiting too long can hurt the strength of the case we can build to try recover compensation for your loved one.
Not only does Texas place a strict statute of limitations on filing a personal injury lawsuit, your family will likely need money as soon as possible to cover your loved one’s damages. These expenses could include:
- Extended hospitalization and medical care;
- Inpatient rehabilitation and therapy;
- Ongoing care costs;
- Medical equipment, such hospital beds, wheelchairs, and lifts; and
- Lost wages and diminished earning capacity, if they can no longer work.
As these expenses and losses add up, you will need compensation as soon as possible to pay them. If we wait too long, it may hurt your case for compensation or prevent you from filing a lawsuit.
Can I Still Help With My Loved One’s Case If Their Injuries Are Not Catastrophic?
In some cases, you may need to act on your loved one’s behalf even if their injuries are not permanent or catastrophic. This is especially true when it comes to communicating with the insurance company. If your loved one is on painkillers or another medication that prevents them from thinking clearly and making good decisions, you may want to give us a call or encourage them to let us handle their claim.
We can manage all communication with the insurance company, preventing your loved one from:
- Saying something that hurts their case;
- Accepting an unfair settlement offer;
- Giving the insurance company access to their full medical records; or
- Signing something they should not.
We will also investigate their accident and file a claim on their behalf. This usually the first approach we use to try to get a fair payout based on the damages our clients have suffered.
If this is not successful, or if the insurance company denies our claim, we are not afraid to litigate any case we handle. We will:
- File a civil suit against the liable party;
- Ask a judge to determine if they believe our client has a right to recover compensation; and
- Allow the court to determine how much the case is worth.
What If My Loved One Died as a Result of the Accident?
If your family member passes away because of the injuries they sustained, we can still help you build a strong case to try to get compensation. Instead of filing a personal injury claim, we will pursue a wrongful death action, a survival action, or both.
Wrongful Death Action
A wrongful death action could allow us to collect compensation for the expenses and losses you and other immediate family members experienced because of your loved one’s death. These may include damages like:
- Funeral and burial costs;
- Lost income;
- Lost inheritance;
- Lost household services;
- Lost companionship; and
- Mental anguish.
The surviving spouse, children, and parents of the deceased are the only relatives allowed to sue for wrongful death damages.
A successful survival action allows you to collect the damages your loved one would have been eligible for if they survived the accident. These include:
- Medical costs;
- Lost wages;
- Repair or replacement of personal property;
- Out-of-pocket expenses related to the incident; and
- Pain and suffering damages.
Any proceeds recovered through a survival action will go to the estate of your loved one. From there, the administrator or executor can distribute them according to a will or another estate plan.
How Can I Contact a Texas Personal Injury Attorney on Behalf of My Family Member Today?
If you believe your loved one’s injuries are serious enough to contact a lawyer, the Texas personal injury team from D. Miller & Associates, PLLC, is here to help. We can handle your loved one’s insurance claim or lawsuit and try to recover compensation on their behalf. If your family member passed away because of the accident, we can help you fight for your losses.
Call us today at 713-850-8600 for your free initial consultation and case review.
Related Frequently Asked Questions
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- What Happens If You Get Hit By An Uninsured Driver In Texas?
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- What Are Your Legal Options If Someone Is Killed in A Pedestrian Accident in Texas?