A truck accident can cause serious, even fatal, injuries. Depending on the circumstances, family members of the injured may be able to file legal claims. If a person is killed, immediate family members or the victim’s estate can sue for damages.
The legal claims that may arise from a truck accident may be much more complicated than you realize, so you should contact the Anderson Injury Lawyers so we can explain what the law can and can’t do for you and your family. Call us today at 817-294-1900 or use our online contact form today.
The Truck Accident Victim is Injured and Survives
The person injured can sue a negligent, responsible party for:
- Past and expected future medical treatment and rehabilitation costs
- Lost wages and benefits
- Future lost wages and benefits if the person’s injuries result in a loss of earning potential earnings
- Physical pain and suffering
- Mental anguish
- Physical limitations
- Disfigurement and scarring
If the injuries are serious enough, they can also impact family members, who may also be able to file loss of consortium claims. They would be based on the loss of a relationship’s benefits due to an injury or death.
Marital relationship damages are to compensate for the loss of a relationship, compared to what it was before the accident. The spouse can seek compensation for the losses of affection, companionship, emotional support, and sex.
A child can sue to recover for the loss of a parental relationship because of a serious, permanent, and disabling injury or death. Damages could include the loss of a parent’s love, protection, companionship, affection, and care. Under Texas law, a parent is unable to sue to recover damages for the loss of companionship of an injured child but may file such a legal claim if the child is killed in an accident.
Family members can seek an award for the loss of support and services:
- Loss of support: The financial support the victim would have contributed to the family if not for the accident
- Loss of services: Unpaid services the victim provided to the family. This could include chores and performing household repairs or maintenance
Who Can Sue if the Truck Accident Victim is Killed
If the victim dies because of the injuries suffered in the truck accident, the surviving spouse, children, or parents of the deceased can file a lawsuit for wrongful death. The executor or administrator of the victim’s estate can file suit on behalf of the Estate.
If you were in a relationship with the decedent but not married, you can’t sue the responsible party. Relatives, such as siblings, grandparents, aunts, and uncles, also cannot file a wrongful death lawsuit. However, if there is no surviving spouse, children or parents, or they don’t file a legal action, and the victim’s estate agrees to a settlement or wins a trial, that money would be distributed according to the victim’s will or, if there is no will, to the next of kin based on state law.
If there is more than one party filing a wrongful death case, the proceeds would be divided:
- According to what the jury decides if the case is determined at a trial
- Based on the agreement of the plaintiffs if the case settles
Contact the Anderson Injury Lawyers to Learn About Your Legal Rights
The law is complex and how it’s applied depends on the facts of your case. We can discuss the basics of Texas law, but whether it helps you and how much depends on the evidence gathered during our investigation.
Anderson Injury Lawyers will make sure you and your family are protected and fully informed. If you retain our firm, we will put in the necessary work for you to receive the compensation you deserve. You can call us at 817-294-1900 or provide us your contact information online to set up a free, no-risk consultation.