Head-on automobile collisions can have catastrophic results. These types of accidents can result in traumatic brain injury, permanent paralysis, and even death. Indeed, a head-on collision oftentimes have fatal consequences.
If a member of your family was killed in a head-on collision, you need to understand what you must do to protect your legal rights. A Dallas head-on collision injury attorney can assist you in understanding your rights following the death of a family member in a head-on automobile collision. In addition, a skilled car accident lawyer has the experience, skills, and tenacity necessary to pursue justice for you when you lose a family member in a head-on automobile collision in the Lone Star State.
The Essential Elements of a Car Accident Wrongful Death Case
If you’ve lost a loved one in a head-on collision, you may be in a position to pursue what in Texas is called a car accident wrongful death claim. The state of Texas permits certain surviving family members the ability to pursue a wrongful death case following a head-on car accident. These family members are:
- spouse
- children
- parents
These family members may pursue a claim for compensation individually or collectively. These family members are given a period of three months following a car accident to pursue a wrongful death claim. If none of these individuals pursue a wrongful death claim during that time period, the official representation of the estate of the deceased individual can pursue a wrongful claim. If there is a last will and testament, the executor of the estate can pursue a wrongful death claim. If there is no will, the administrator or personal representative appointed by the court can take that action.
Texas Wrongful Death Statute of Limitations
In addition to the three-month time period mentioned a moment ago, a Texas wrongful death lawsuit must be filed by a specific deadline. The Texas statute of limitations is a law that requires a wrongful death lawsuit to be filed within two years of the death. Failure to bring a case within that time period can prevent you from ever pursuing a claim in your case.
Justice and Compensation in a Texas Wrongful Death Case
Potential compensation in a wrongful death case depends on the facts and circumstances surrounding the head-on collision. In addition, the legal relationship between a surviving family member and the deceased individual also play a role in what type of compensation might be available in a case.
With that said, the types of compensation oftentimes sought in a wrongful death case include:
- final medical bills
- funeral and burial expenses
- lost companionship
- mental anguish and emotional distress
- lost financial support or income
In some cases, a Dallas head-on collision injury lawyer may seek what are known as punitive or exemplary damages in a wrongful death lawsuit. This is additional compensation sought when the conduct of the party that caused the head-on collision is deemed particularly reckless or egregious.
Hire an Experienced Dallas Car Accident Attorney
Individuals in need of an experienced head-on collision injury law firm in Dallas can make no better decision than to reach out to the Law Offices of David Kohm. The attorneys working for the firm are experts in these types of cases and understand the delicate nature of these unfortunate cases.
If you, a loved one, or someone you know was involved in a head-on collision in Dallas, contact the Law Offices of David Kohm as quickly as possible.
Call our law offices today at any of our convenient locations and get a free consultation.
Arlington (817) 522-4451
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