Fatal Car Accident Attorneys in Arcola, TX
Based on data provided by the Texas Department of Transportation, a reportable crash happens every 59 minutes, while one person is killed every 2.5 hours or so on Texas roads. These are worrisome stats; drivers should exercise extreme caution while on the road and take care of other road users while following all road and driving laws.
If you have been involved in a car accident that led to the death of a loved one, do not hesitate to file a claim against the negligent driver who caused the fatality. Doing so not only deters such negligence from happening again in the future but can help relieve you from substantial financial difficulty.
Filing a Fatal Accident Claim
Winning a fair settlement after a fatal accident may be derailed by a number of factors, including:
- Your lack of legal knowledge to file a claim
- Complicated evidence collection
- You might be grieving the death of a loved one and not have the time to follow up with a claim
- Insurance adjusters will try mitigating their liability to reduce your compensation
To keep you safe from extortion by the insurance companies responsible for your case and to get you the compensation you deserve, we provide personalized representation and insurance negotiations by legal experts who are local to Arcola. Part of what we do includes:
- Explaining your legal actions to you – plus a free case evaluation
- Gathering evidence to back your claim
- Proving the fault of the responsible driver
- Evaluating all possible compensation options
- Aggressively negotiating with the responsible insurance company
- Litigating/filing a suit in a court of law
How Much Is a Fatal Accident Claim Worth in Arcola?
As a victim of a negligence-based fatal accident, you are entitled to fair and proportionate financial compensation. Our lawyers will work toward achieving this by:
Evaluating Your Monetary Damages
Our free case evaluation starts by estimating the value of your accumulated monetary losses. According to Texas Survival Statutes, the estate of a deceased individual can file a claim for:
- Emergency care and hospital bills
- Prescription drugs
- Diagnostic tests, medical treatment, and physicians’ charges
- Purchased medical devices
- Amounts spent on therapy, visiting a mental health specialist, and so on
- Transport and out of the pocket expenses of seeking medication
- Car repair expenses
- Lost wages
- Burial expenses
- Diminished value
Calculating Non-Physical Damages
Your fatal car accident claim should also include pain and suffering costs, as well as other nontangible losses. These include:
- Loss of enjoyment of life
- Emotional distress and anxiety
- Loss of consortium
- Loss of service
- Loss of company
There is no constant or multiplier that can be used to calculate non-physical damages, but the compensation you are able to file for will mainly depend on:
- The extent of the injury
- Age – Younger individuals qualify for more compensation for fatal injuries
- The impact an accident had on your relationships and life in general
- Whether disfigurement or permanent injury resulted from the accident
The Threshold of a “Serious Injury” in Arcola
Accident victims are entitled by Texas law to file for compensation so long as what is known as the “serious injury threshold” is met. This applies when a victim suffers any of the following from an accident:
- A bone fracture
- Significant disfigurement
- Permanent limitation in the functioning of a body organ
- Significant restriction in the function of a body part
- Partial or total disability for at least 90 days
Should you suffer any of these conditions, you are entitled to file a third-party claim against the negligent motorist who caused the accident. Unlike your PIP benefits, such claims will allow you to seek compensation for general damages such as emotional distress and pain and suffering.
Are Fatal Accident Damages Taxed in Arcola?
In Texas, not all accident settlements are subject to taxes. Certain damages, however, are taxable. These include pain and suffering damages. Also, federal laws protect people seeking economic damages for their injuries. Thus, victims need not pay taxes for compensation for medical bills or lost wages.
Who Can File a Wrongful Death Claim in Arcola?
If an accident leads to the death of a loved one, you can file a wrongful death claim. However, not all individuals qualify for this. People who are allowed to file a death claim include:
- Parents of the deceased
- Adopted or natural children
- The estate of the deceased
- Common-law or ceremonial spouses
Have a Legal Professional Handle Your Case
While no monetary value can be placed on the cost that the death of a loved one has on the family left behind, fair compensation can aid in getting you the medical attention and financial stability you desperately require to recover from the accident. In wrongful death cases, a settlement can help cover the costs of funeral bills and provide support in lieu of what the deceased used to provide before death. Start with filing your claim by calling us now at 713-677-2179. You do not have to pay anything until your claim is won.
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