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Car Accident
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Car Accident
HABLAMOS ESPAÑOL
(877) 880-4090No amount of money can compensate for the loss of a loved one in a fatal car accident, but the financial aftermath can be an enormous additional burden on survivors. Navigating the complex legal and insurance process after any accident is a challenge, even more so when the court must make extra determinations about the impact losing someone has on a family.
The team of experienced and compassionate attorneys at Fielding Law is here to guide you through the stages of claiming eligible damages after an accident. If you lost a loved one in a fatal auto accident due to the negligence or malice of another driver, we’ll work hard to protect your rights to the compensation you deserve.
According to the Texas Department of Transportation, there were 15,843 serious injury crashes in Texas in 2022, with over 4,400 fatalities recorded on Texas roadways. These numbers are upsetting, but it’s also helpful to know that you’re not the only one dealing with the intricacies of insurance law in the case of a fatal accident. While each state determines its requirements for car accident settlements, some accident characteristics lead to more significant settlement amounts, such as:
Reckless driving by the liable party
Extremely painful or life-altering injuries
Victims with no responsibility for the accident
The accident attorneys at Fielding Law fight for your right to the damages you’ve experienced due to these and other car accidents. If you’re dealing with a loved one’s fatal car accident, we will help you make a claim for the two categories of damages you may be eligible for: Economic and non-economic.
Most settlements for car accidents are designed to cover the financial losses a crash victim experiences. Car accidents resulting in the victim’s death may also allow survivors to claim additional damages, such as funeral expenses. Typical economic damages cover specific economic losses, including:
Lost wages, employment or earning capacity
Vehicle repair or replacement expenses
Medical expenses prior to death
Funeral and burial expenses
Non-economic damages, on the other hand, are calculated differently. These types of losses involve permanent disability or long-term loss of earning capacity. Non-economic damages from a car accident may include:
Pain and suffering
Mental anguish or emotional distress
Loss of consortium, companionship or affection
Loss of inheritance (the value the deceased would have likely added to an estate)
The Federal Highway Administration developed the KABCO scale to assess the severity of car accident injuries and explain their impact on the cost of an auto collision. This scale helps determine the costs associated with severe or debilitating trauma in a crash. The KABCO labels assigned to collisions vary slightly by state, but most consider a fatal accident one in which the victim:
Dies at the scene of the accident
Sustains injury that results in death up to 30 days after the crash
In Texas, law enforcement officers are required to submit a CR-3 Crash Report for any accident resulting in injury or death. If a victim passes away later due to injuries sustained in the crash, the report must be updated to reflect the fatality. This official documentation is critical to claiming additional damages for fatal car accidents under Texas law.
In some car accidents, the offender caused the victim’s death through negligence or a wrongful act. In Texas, the Texas Civil Practice and Remedies Code allows surviving spouses, children, and parents to file a wrongful death claim. Even if the at-fault party escapes criminal punishment, the victim’s family can still sue them in civil court.
Most of the time, wrongful death claims are determined in pre-trial settlement negotiations. When you accept a pre-trial settlement, you also agree to give up your right to pursue the claim against the defendant. Working with a qualified attorney ensures you’ll receive fair compensation for your loss. Several factors contribute to calculating the damages in these cases.
Surviving family members are the beneficiaries of wrongful death settlements, particularly those who relied on the victim financially and for support. Thus the loss of a parent with several minor children will command a significantly higher settlement than a family member not responsible for supporting anyone else. That said, the loss of older parents or grandparents is still a loss of their guidance and comfort, along with any economic support they provided.
As part of a wrongful death suit, a lost-wages claim is based on the victim’s potential earnings. This means that the higher an accident victim’s wages, the greater the lost wages. The age and health of the accident victim also play a role in determining potential earnings, as younger victims can be assumed to have had a longer work expectancy overall.
Resolving compensation in a wrongful death suit also involves deciding the relative fault of all parties involved in the accident. Texas follows a legal doctrine known as proportionate responsibility. This limits the amount of a plaintiff’s recoverable damages based on their own level of fault.
Modified Comparative Negligence in Texas
Texas uses a “51 percent bar rule” for modified comparative negligence. This means:
The 51 Percent Bar Rule: Under Texas law, a plaintiff (or the surviving family) cannot recover any damages if they are found to be more than 50% responsible for the accident.
Reduced Recovery: If the victim was 50% or less at fault, the family can still recover damages, but the total award will be reduced by the victim’s percentage of fault. For example, if a jury awards $1,000,000 but finds the deceased was 20% at fault, the recovery would be reduced to $800,000.
If the court finds the victim was 51% or more at fault, the survivors are prohibited from recovering any compensation from the other party.
The complicated mountain of insurance requirements and legal responsibilities can feel insurmountable when dealing with the aftermath of a loved one’s fatal car accident in Texas. At Fielding Law, we understand these challenges and want to help you obtain the compensation you deserve. Call us at (877) 880-4090 to get the legal guidance and support you need right away. Visit our offices in Mesquite, Heath and Richardson.
