Wrongful Death and Car Accidents By Rocky Walton on May 28, 2019

A car crashThe death of a loved one is often tragic, especially when the death occurred due to the negligence or malicious act of another person. In such circumstances, a wrongful death lawsuit may be filed to recover damages and hold liable parties responsible for their actions.

A wrongful death can happen due to a variety of causes, but one of the most common is a car accident. Wrongful death attorney Rocky Walton represents clients who have lost a loved one due to negligent driving. If you would like more information about wrongful death and car accidents, please contact Arlington, TX wrongful death attorney Rocky Walton.

What May Be Considered a Wrongful Death from a Car Accident?

A wrongful death is essentially a death that occurred due to another person's negligence or intentionally harmful, or malicious, act. Although car accidents are often just that, accidents, they can lead to wrongful death.

Some possible acts of negligence in car accidents that may lead to a wrongful death include:

  • Texting while driving: Texting while driving is illegal in many places across the United States, including Arlington and the state of Texas, but people still do it. Unfortunately, texting while driving can lead to car crashes and death.
  • Talking on the phone while driving: Talking on the phone while driving, even with a hands-free device, can draw a person's attention away from the road, potentially causing a car accident and wrongful death.
  • Speeding: Speeding is dangerous and can lead to a driver losing control of his or her car, breaking too late, and hitting another vehicle.
  • Disobeying traffic signs and laws: Traffic signs and laws exist to make the roads as safe as possible. When people purposefully disobey traffic signs and laws, they put others' lives at risk.
  • Driving while under the influence of drugs or alcohol: Driving while under the influence of drugs or alcohol impairs a driver's ability to make good decisions, maintain control of his or her car, and increases the risks of deadly car accidents.

Who Can File a Wrongful Death Claim?

Who can file a wrongful death claim varies from state to state. In Texas, the surviving spouse, children, or parents of the deceased person may file a wrongful death claim. This includes adult children of the deceased.

Children who are legally adopted may file also file a wrongful death claim for a deceased parent, as can the parents of legally adopted children.

If surviving family members do not file a claim within several months of the death, the executor or representative of the decedent's estate may file a claim.

What Damages May Be Sought in a Wrongful Death Claim

Although no amount of compensation can ease the pain of losing a loved one, it can help provide relief from financial burdens associated with the death of a loved one. Through a wrongful death lawsuit, it may be possible to recover compensation for such damages as:

  • Funeral costs and burial expenses
  • Medical and hospital bills accrued from treating injuries at time of death
  • Loss of income
  • Loss of future income
  • Property damage

Surviving Family May Also Seek Intangible Damages

In addition to damages with a specific value, like medical expenses and lost income, surviving family members may seek damages for intangible things like pain and suffering. Some types of intangible damages family members who have lost a loved one in a wrongful death car accident include:

  • Loss of love
  • Loss of affection and companionship
  • Loss of emotional support
  • Loss of status

Contact Wrongful Death Attorney Rocky Walton

If you believe your loved one's death was caused by the negligence of another person, you are encouraged to schedule a consultation with attorney Rocky Walton by calling (817) 429-4299 to learn more about your legal options.

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