Wrongful Death Lawsuit Car Accident FAQs

The wrongful death lawyers at Dax F. Garza know that after losing a loved one in a fatal car wreck, you may have legal questions about pursuing a wrongful death car accident lawsuit. Below are answers to some common questions you may have. If you have more questions, Schedule a Free Consultation with us today.

Who Can Legally File a Wrongful Death Lawsuit After a Car Accident?

When a person is killed in a motor vehicle accident due to another person’s actions, the incident may qualify as a wrongful death. In Texas, the law mandates that the responsible party must compensate the surviving family members. However, Texas law states that only specific family members are eligible to receive compensation in a wrongful death claim.

Here are the surviving family members that may bring a wrongful death suit:

1. The surviving spouse,
2. children, or
3. parents of the deceased are the only family members.

Any of these individuals may initiate the lawsuit on behalf of all eligible family members. Additionally, if none of the eligible survivors file a wrongful death lawsuit within three months of the decedent’s date of death, the executor or administrator of the deceased’s estate is required to file the lawsuit.

However, if the eligible family members request that no action be taken, the executor or administrator must comply with their wishes.

What Compensation is Available for Families for a Fatal Car Accident Claim?

The Texas Civil Practice and Remedies Code says a person is liable to pay damages when they cause the death of an individual by:

• Wrongful act
• Neglect
• Carelessness
• Unskillfulness
• Default (failure to fulfill duty of care)

A person who causes a car accident because they are speeding or because they run a red light, is liable for the damage caused by choosing to break the law.

The law also states, if a person’s conduct does not directly violate a law, then their actions will be judged against the standard of what a reasonable person would do given like circumstances.

If a driver’s actions are not reasonable and those actions cause the death of another, the driver will be liable for the damage.

But what are those damages? Surviving family members are entitled to be compensated for two types of damages: economic and non-economic losses. Economic losses can include:

• the lost income the deceased would have earned,
• the value of services and support the deceased would have provided to the family, such as childcare and household maintenance,
• Loss of an anticipated future inheritance can also be an economic loss,
• funeral costs,
• medical bills and medical expenses.

Non-Economic Damages in Fatal Car Crash Cases

Non-economic damages, such as emotional distress or the loss of future companionship, require a complex calculation based on factors unique to each grieving family. For example:

• Loss of companionship considers the emotional bond between the deceased and their loved ones (e.g., a parent’s guidance for a child or a spouse’s lifelong partnership).
• Emotional distress accounts for grief, anxiety, or depression caused by the loss.

Courts often evaluate the deceased’s role in the family, their life expectancy, and the quality of relationships to determine fair compensation. Expert testimony, family diaries, or counseling records can also be used to quantify these intangible losses.

Punitive Damages (Exemplary Damages)

In rare cases, courts award punitive damages (also called exemplary damages) to punish wrongdoers for exceptionally reckless or intentional behavior.

How Does Liability Work in a Fatal Car Accident Lawsuit?

Any driver whose negligent or wrongful actions contributed to an accident that caused an individual’s death may be held liable to the deceased’s surviving family members. In certain situations, liability may also extend to other parties.

Liability is a legal responsibility or obligation to compensate for harm or damages caused by one’s actions or negligence. In the context of a wrongful death case, liability refers to the legal accountability of a person or entity whose actions contributed to someone’s death, requiring them to provide compensation to the deceased’s surviving family members.

1. Employer: If a liable driver was an employee performing job-related duties at the time of the accident, the employer may be held legally responsible for the employee’s actions. This is based on the legal principle of vicarious liability, which holds employers accountable for wrongful acts committed by their employees while on the job.
2. Manufacturer: If a vehicle part fails to function properly and that failure contributes to a fatal accident, the manufacturer of the defective part may be held liable for the resulting damages. This applies when the defect is due to faulty design, poor manufacturing, or lack of adequate warnings about potential risks. If the failure directly causes the accident, the manufacturer may be required to compensate the surviving family members.
3. Maintenance/Service Provider: Businesses that service, inspect, or repair vehicles can be liable for damages if faulty workmanship or failure to diagnose a mechanical issue leads to an accident. If a mechanic or service provider neglects proper maintenance procedures or installs defective parts, and this contributes to a fatal crash, they may be held financially and legally responsible for the consequences.
4. Deceased: Liability for an accident is shared among all parties found to be responsible, including the deceased person. If the deceased is found to have contributed to the accident, their percentage of fault is determined. However, survivors may still pursue compensation unless the deceased’s liability exceeds 50%.

In such cases, Texas law prevents recovery. If the deceased’s liability is 50% or less, the compensation awarded to the survivors is reduced by the deceased’s percentage of fault. For example, if the deceased was 20% at fault, the final compensation amount is reduced by 20% to reflect their share of responsibility

Are There Time Limits to Filing a Wrongful Death Car Accident Lawsuit?

Texas, like most states, have strict wrongful death statute of limitations, outlined in Texas Civil Practice and Remedies Code Chapter 16.

Under this statute, eligible parties have two years to file a lawsuit on behalf of the deceased against those at fault for the driver’s death. This two-year period begins on the date of the decedent’s death. There are specific laws and procedures across local and state jurisdictions that might impact this timeline, and we can advise you on how that affect your claim.

If eligible family members fail to bring a wrongful death claim within the first 3 months of death, the deceased’s representative will have 2 years from the date of death to bring the action.