What To Do If a Loved One Dies in a Texas Car Accident

Losing a loved one in a Texas car accident is a tragic and life-altering event. While no amount of money can replace the loss, a wrongful death claim can provide financial security and a sense of justice.

Taking the right steps after the accident and working with an experienced wrongful death attorney can help you navigate this challenging time and protect your family’s future.

1. Seek Immediate Medical and Legal Help

Call 911 so that medical professionals will arrive at the scene to pronounce your loved one’s death and document the cause. This documentation is crucial for both insurance claims and legal proceedings. Law enforcement will also arrive to investigate the accident scene. Police reports provide an official account of the incident, detailing factors like road conditions, driver behavior, and witness statements. These reports are also critical.

2. Preserve Evidence and Gather Information

Preserving evidence is essential for building a strong case. Gather the following if you can:

• Accident Scene Photos: Take photographs of the accident site, including vehicle damage, skid marks, and road conditions.
• Witness Information: Obtain contact details of witnesses who can provide statements about the accident.
• Police Report: Request a copy of the police report as soon as it becomes available.
• Medical Records and Death Certificate: These documents help establish the cause of death and its relation to the accident.
• Financial Records: Keep records of medical bills, funeral expenses, and any loss of financial support due to your loved one’s death.

3. Notify Insurance Companies

Notify your loved one’s insurance company about the accident. Avoid giving detailed statements before consulting an attorney, as insurers may try to minimize their payout. You should also notify your own insurance company, as certain policies may provide coverage for wrongful death claims.

4. Understand Who Can File a Wrongful Death Claim in Texas

Under Texas law, the following individuals are eligible to file a wrongful death claim:

• Surviving Spouse
• Children (including adopted children)
• Parents of the Deceased

If none of these family members file a claim within three months, the executor or administrator of the deceased’s estate may pursue a claim on behalf of the family.

5. Establishing Liability in Texas

To succeed in a wrongful death claim, you must prove the following:

• Duty of Care: The defendant owed a duty of care to the deceased (e.g., obeying traffic laws).
• Breach of Duty: The defendant violated this duty through negligent or reckless actions.
• Causation: The breach directly caused the accident and your loved one’s death.
• Damages: You suffered measurable damages, such as medical bills, funeral costs, and loss of companionship.

6. Compensation You May Be Entitled To

Texas wrongful death claims allow families to seek compensation for:

• Medical Expenses: Costs incurred before death, including emergency care and hospital bills.
• Funeral and Burial Expenses: Reimbursement for funeral costs.
• Lost Income and Financial Support: Compensation for the financial support your loved one would have provided.
• Pain and Suffering: Damages for emotional distress and loss of companionship.

7. Hire an Experienced Attorney

Hiring an attorney after a wrongful death is critical because these cases are legally complex and emotionally challenging.

An accident attorney in Waco can help you and your family navigate the intricate legal process, gather vital evidence, and negotiate with insurance companies that often try to minimize compensation. They ensure that all paperwork is filed correctly and within the statute of limitations, maximizing the chances of securing fair compensation.