When families come to us after losing a loved one in an accident, we know that they’re experiencing one of the darkest moments in their lives. Fatal accidents are tragic, and we take our responsibility to survivors seriously.
When you contact Anderson Injury Lawyers about a loved one who was lost in a car wreck, it’s our duty to provide support, guidance, and reassurance as we pursue a wrongful death claim against the negligent party. Our team of Fort Worth car accident lawyers have years of experience handling wrongful death car accident claims in Texas, and we work tirelessly to obtain our clients the maximum compensation for their losses.
We encourage you to contact us online or call 817-294-1900 in order to discuss the steps our law firm will take to guide you and your family through this painful time. We offer free, no-obligation consultations to all Fort Worth victims.
We Have Experience Handling Fatal Car Accident Claims
At Anderson Injury Lawyers, our Fort Worth fatal car accident attorneys have handled claims including, but not limited to:
- Semi-Truck Accidents
- Motorcycle Accidents
- Rollover Car Accidents
- T-Bone Car Accidents
- Drunk Driving Accidents
- Drugged Driving Accidents
- Speed-Related Car Crashes
- Drowsy Driving Accidents
- Distracted Driving Accidents
- Hit and Run Car Accidents
- Intersection Accidents
- Blind Spot Car Accident
Losing a loved one changes us, no matter the circumstances, but losing a loved one tragically and unexpectedly in an accident is all the more difficult to endure. When we take on a new wrongful death case, our lawyers look at all of the facts of the crash and gather as much evidence as possible to determine what happened, why, and who was directly responsible for the accident. By taking quick, aggressive action, we ensure that when we move forward with a fatal car accident lawsuit, we recover maximum compensation for affected families.
Claiming for Passengers Killed in a Fort Worth Drunk Driving Accident
Drunk driving car wrecks often result in serious injuries and fatalities in Fort Worth. Frequently, it is a passenger riding in the drunk driver’s vehicle who is killed. In these situations, the driver is often a friend or a relative of the deceased – however, that does not mean that you should not make a wrongful death claim.
Drunk Driving Accidents and Texas Law
Under Texas law, passengers are protected by the driver’s liability insurance – as well as any Personal Injury Protection (PIP) insurance or Uninsured Motorist (UM) Coverage if the driver had any. It is common practice for a spouse to make a claim against their own husband or wife in a personal injury car accident where their spouse was the driver at-fault. The same concept applies in situations where the intoxicated motorist who caused the collision was the spouse, parent, sibling, cousin, or another relative of the deceased.
Why should I make a wrongful death claim?
It is always a good idea to consult with a Fort Worth fatal car accident lawyer if someone you love has been killed in a car accident caused by a drunk driver – even if the deceased was a passenger in a vehicle being driven by a member of their own family. Depending on the circumstances of their accident, there might be a number of accident-related expenses which were incurred prior to their death, such as an ambulance ride to the hospital, emergency medical treatment, doctor’s fees, funeral expenses, etc.
In every case where someone dies as a result of fatal injuries sustained in a drunk driving accident, there are a number of financial implications for the relatives of the deceased person. These include a loss of income to the household for any wages or salary earned by the deceased, as well as what is known as a “loss of services” for any unpaid contributions that person made, such as childcare services, cooking or cleaning.
Making a Claim Against a Driver with DWI Charges
If someone you love was killed in a car accident that involved a drunk driver and the driver faced DWI charges, it is very likely that you can win greater compensation than what the at-fault driver’s insurance company may want to offer. This is why contacting a Fort Worth personal injury lawyer is a very important step in obtaining any compensation you may be entitled to. A personal injury attorney can use the drunk driver’s records as evidence, which would increase the credibility of your case. Also, if there are any other records associated with the drunk driver and a pre-existing negative driving record, the attorney can use it in a case. The insurance companies know that when they have to compensate the victim of a drunk driving accident, they will lose big time, which is why they try to lower their offer using several tactics. The attorneys at the Anderson Injury Lawyers know exactly how to successfully fight for victims of drunk driving accidents, which is why we are fully committed to win.
Neck fusion client wins $1,500,000 Settlement
What Our Fatal Car Accident Lawyers Can Do
After a fatal car accident, you may have no idea what to do next. Your loved one was fatally injured and you likely have a lot on your plate. At Anderson Injury Lawyers, fighting for justice is our top priority. We use proven and aggressive strategies to minimize our clients’ suffering and maximize their recovery.
A Free Consultation in Your Time of Need
During your free consultation, we'll listen to your story and get all the facts of the fatal accident. From there, we'll gather evidence to build a case against the party who is responsible for the wrongful death and start our battle to win you and your family everything you deserve for your suffering.
You Pay Nothing Upfront
You will likely be concerned with funeral and burial expenses. You may even be worried about medical bills that your loved one incurred. You shouldn’t also have to worry about legal fees. When you hire our firm, we work on a contingency basis, meaning you owe us nothing until we’ve won you full and fair compensation for your loved one’s accident.
Investigating Your Loved One’s Accident
When you come to us, we will immediately begin gathering information to prove that the other party caused your loved one’s fatal accident, and that the accident was directly responsible for your loved one’s death. Fast action is important, which is why we make investigating your case a priority.
We Win You and Your Family the Compensation You Deserve
We are well-versed in Texas law and understand how much is at stake after a wrongful death accident. We will fight tirelessly in the memory of your loved one and make sure you get what you deserve.
Pursuing Compensation After a Deadly Auto Accident
When fatal car accident lawyer’s investigation uncovers evidence that the other driver involved in the crash was careless, reckless, or acted intentionally, then you and your family have the right to seek compensation through a wrongful death claim.
Whether we negotiate for a settlement with an insurer or fight for compensation in court, we will pursue the maximum amount possible for your:
- You and your family members’ emotional distress and mental anguish
- You and your family members’ mental health care costs
- Funeral and burial expenses, if a family member paid them
- Loss of your relative’s income
- Loss of your relative’s household services
- Loss of parental guidance and services
- Loss of spousal services
- Loss of your relative’s care, support, companionship, and love
Additionally, Texas law states that if your relative’s death was caused by a willful act or failure to act, or gross negligence, which is also known as recklessness, then you and your family can seek exemplary damages in addition to actual damages. Exemplary damages are also known as punitive damages. These are not intended to compensate you for a specific injury. Instead, they are meant to punish the wrongdoer.
To discuss the damages you’re owed, the likelihood of winning punitive damages, and the potential value of your fatal car accident claim, do not hesitate to call us. We offer free, no obligation consultations.
Who May File a Wrongful Death Lawsuit?
It is important to work with an experienced lawyer before filing a wrongful death lawsuit on your own. Your lawsuit will be dismissed if you do not have a valid claim, or if you are the incorrect party to file.
According to Texas law, statutory wrongful death claims may be filed by the surviving family members of the deceased individual. Texas does not require a particular member to file. If the family chooses, family members may join together and file as a group.
Additionally, the executor of the estate may file a “survival claim.” This type of claim addresses the loss of the person who died, such as pain and suffering, medical bills and lost wages.
To determine whether you can or should file a wrongful death lawsuit after a fatal car accident, call us to speak with a personal injury lawyer. Our attorneys at Anderson Injury Lawyers will make sure you have all of the information you need to make this decision.
How Fatal Car Accident Compensation is Divided
Only the relevant survivors - spouse, children, parents, and the estate - may receive compensation from a lawsuit. If you are not one of these family members, you cannot file a wrongful death claim or receive compensation.
If you are a surviving spouse, child, or parent, then you may receive a part of the wrongful death settlement or jury award. If the compensation is through an insurance settlement, then you and your family members may agree on how it is divided among you. However, if a jury awards the compensation, the jury also determines how much each survivor receives.
What Happens When the Driver At-Fault Dies?
If the wreck wasn't your fault, you should know that Texas law gives you the right to recover money to pay for your damages and injuries (like medical bills, missed time off work, etc.). You should absolutely pursue this right away, even if the other driver passed away in the accident.
Medical care is not cheap (it's actually the leading cause of bankruptcy in the United States) so if someone else was at fault for your wreck, their insurance should pay for your bills. You can still make a claim if the person responsible passed away. We understand that some people might feel doing this is wrong - they lost their life and you feel lucky to be alive, so you should give them a break. However, their death doesn't change anything in legal terms and you still have a right to make a claim for compensation.
It's also important to note that filing a claim against a deceased driver doesn't hurt them or their surviving relatives. The money you're given will be from their insurance company, not the family themselves.
There is no reason that you should feel bad making a claim if the negligent driver died. If they were driving while intoxicated, sending a text message, speeding or indulging in any other dangerous behavior, then they would likely have had criminal charges brought against them had they survived.
Regardless of whether they died or not, the fact remains that you were injured due to their negligence. This means huge doctor bills, missed work, perhaps several months of chiropractic treatment or physical therapy - who knows what else? You deserve compensation and you shouldn't feel bad at all about making a claim.
How to Make a Claim Against a Dead Person
Making a claim against the deceased is very much like making a claim against the living. You'll start by contacting their insurance company and meeting your insurance adjuster, who will handle your case throughout the process.
Is It Harder to Win Your Case If the Other Driver Died?
No, although certain complications might arise depending on the evidence you have available and how the accident happened. If another driver died in your auto accident, it's always a good idea to consult a board-certified personal injury and car accident attorney. An attorney can walk you through the claims process and help you ensure your rights are protected.
Talk With a Fort Worth Fatal Car Accident Lawyer Today
At Anderson Injury Lawyers, we understand how hard it can be to make decisions after suddenly and unexpectedly losing your spouse, parent, or child. At first, you are focused on making appropriate arrangements. Then, you are forced to confront your grief and a future without them. This is an extremely emotional time, often made worse by the loss of a spouse or parent’s financial contributions.
Our fatal car accident lawyers want to help you through this time while fighting to win you the maximum amount of recovery possible. Let us help you and your family today. Call us at 817-294-1900 or submit your information online to schedule a free consultation.