Houston Truck Accident Wrongful Death Attorneys
Fatal truck accidents are common and deadly occurrence. Attorney Neal Davis is prepared to fight for your family's rights to compensation after the loss of a loved one.
Full recovery is never possible after the loss of a loved one. There just isn't enough compensation or condolences that can replace your loss, especially if someone else's negligence was to blame.
Numerous sorts of accidents can cause fatal injuries; however, accidents involving large trucks can be particularly devastating. The large size of these vehicles alone is enough to increase the risk for fatal accidents. In fact, truck accidents were responsible for 3,603 deaths in 2014 according to the Insurance Institute for Highway Safety.
If your family has lost a loved one due to a truck accident, contact Houston wrongful death attorney Neal Davis to see how you may be able to receive compensation to help. While monetary compensation can never replace your loss, it can help you and your family find financial security during this difficult time.
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Who Can File a Wrongful Death Claim?
When a truck accident results in wrongful death, the victim's family will certainly want to pursue justice and compensation for their devastating loss. However, it is only a victim's closest living relatives that are lawfully able to file a wrongful death claim.
Under the Texas Wrongful Death Act, only the victim's spouse, children, or parents are permitted to file a wrongful death claim after an accident.
Whoever files the claim must be shown to have suffered loss due to the death of their loved one. For example, a husband would lose both his wife's earning capacity as well as her companionship, and both are grounds for receiving compensation.
Other family members that have the legal right to file a wrongful death claim include:
- Children born out of wedlock that financially depended upon their deceased parent
- Adopted children
- Legally adoptive parents of a child wrongful death victim
Who Will be Held Liable in a Wrongful Death Lawsuit?
As with other types of personal injury accidents, in order to file a claim it must be proven that someone caused the accident by acting in negligence.
In the case of a truck accident that caused a wrongful death, there are several parties (and combinations of parties) that could be held liable for the accident. They include:
- The truck driver - One of most common causes of truck accidents is driver error. This could include ignoring safety standards, driving while distracted, making dangerous driving maneuvers, or driving for too long.
- The trucking company - A trucking company is responsible for training its drivers to federal standards as well as maintaining their trucks to the best of their ability. Failure to do so is considered negligence.
- The truck's manufacturer - Manufacturers have a duty to test the truck parts and equipment they produce for potential defects. If a truck causes a wrongful death accident because of a malfunctioning part, the manufacturer can be held liable.
In short, anyone whose negligence is directly involved in the accident can be held at least partially liable for your wrongful death accident.
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Damages Collected from Truck Accident Wrongful Death Lawsuits
The families of those killed in a truck accident have the right to collect compensation if the accident was caused by the negligence of another, as with other types of personal injury cases. Those damages can include economic, non-economic, and sometimes punitive damages.
Economic damages are losses that have monetary value. They include:
- Any medical expenses your loved one may have had before death
- Your loved one's lost wages and earning capacity
- Loss of benefits
In contrast, non-economic damages are those that attempt to compensate a victim's family members for losses that do not have economic value.
While it is impossible to replace what you've lost, you may receive compensation to cover:
- Pain and suffering
- Emotional trauma or distress
- Loss of companionship
Finally, you may decide to pursue punitive damages in your wrongful death case. Punitive compensation is for damages that are used to punish whoever is at fault and prevent them from acting similarly in the future. These damages are usually awarded when gross negligence was involved in a truck accident. For example, if a truck driver was made aware that his or her cargo load was at an unsafe level and chose to drive anyway, he or she may have exhibited gross negligence. This could be grounds for punitive damages; however, they are rarities.
Our Wrongful Death Lawyers Will Fight for Your Compensation
Wrongful death cases can have their fair share of difficulties. Establishing negligence can be tricky and require an extensive investigation to pin down. Adding up the total of your family's economic and non-economic damages will take time and resources to accomplish. This is where a wrongful death attorney can help.
If you've tragically lost a family member in a fatal truck accident, don't leave your compensation up to chance. Contacting an attorney who understands the ins and outs of truck accidents can help you receive the compensation you deserve for your suffering.
Houston truck accident attorney Neal Davis is prepared to help you through the legal process and toward a sense of closure. Our No Fee Unless We Win Guarantee means you won't pay a penny unless we win your case.