According to TxDOT, there were 26,298 commercial vehicle crashes in 2023. There were 443 deaths associated with commercial vehicle wrecks. Because of its unique location, Lubbock has a high presence of through traffic from commercial vehicles. As such, finding a skilled and compassionate attorney to assist with your family after the loss of a family member is crucial to your healing journey.
As you move through the stages of grief, you may begin to realize that your loved one deserves justice. Our wrongful death lawyers can answer your questions and ensure you get everything your family deserves.
What Can Be Recovered in a Wrongful Death Lawsuit?
In a wrongful death lawsuit, the surviving family members may be entitled to recover various forms of compensation, including:
- Funeral and Burial Expenses: Costs associated with laying your loved one to rest.
- Medical Expenses: Bills incurred for any medical treatment provided to your loved one before passing.
- Loss of Financial Support: The income and financial contributions the deceased would have provided.
- Loss of Companionship: Compensation for the emotional pain and loss of companionship.
- Pain and Suffering: Compensation for the physical and emotional suffering of the deceased before passing.
In Texas, it’s possible that a jury can award punitive damages in wrongful death cases. Punitive damages are designed to punish the defendant for intentional or grossly negligent conduct.
Frequently Asked Questions About Wrongful Death Lawsuits
1. Who can file a wrongful death lawsuit in Texas?
In Texas, the deceased person’s surviving spouse, children, and parents are eligible to file a wrongful death lawsuit. If none of these individuals file a claim within three months of the death, the executor or administrator of the deceased’s estate may file the claim unless requested not to by the surviving family members.
2. What is the statute of limitations for filing a wrongful death claim in Texas?
The statute of limitations for filing a wrongful death claim in Texas is generally two years from the date of the deceased’s death. There are certain exceptions, so it is important to consult with an experienced wrongful death attorney promptly.
3. How is liability determined in a commercial vehicle wrongful death case?
Liability in a commercial vehicle wrongful death case is determined by investigating various factors, including driver negligence, company policies, vehicle maintenance records, and compliance with federal and state regulations. Our experienced Lubbock car accident lawyers will thoroughly investigate the circumstances to establish liability.
4. What if the deceased was partially at fault for the accident?
Texas follows a comparative negligence rule, which means that even if the deceased was partially at fault for the accident, the surviving family members might still recover damages. However, the compensation amount may be reduced by the deceased’s percentage of fault.
5. How long does a wrongful death lawsuit take to resolve?
The duration of a wrongful death lawsuit can vary widely depending on the complexity of the case, the willingness of the parties to settle, and court schedules. While some cases may settle within a few months, others could take several years to resolve.
