Wrongful Death Claims After Fatal Truck Accidents in Bexar County, TX

In this article, you will discover:

• What constitutes a wrongful death claim following a fatal truck accident in Texas.
• Who can bring a wrongful death claim following a fatal truck accident in Texas.
• Damages available to surviving family members in a wrongful death claim following a fatal truck accident in Texas.

What Is A Wrongful Death Claim In Texas?

A wrongful death claim or lawsuit is one brought for a person’s death caused by another’s negligence, intentional acts or carelessness. While Texas has a statute that provides for wrongful death claims, it limits who can bring them.

Children, a surviving spouse, parents or the estate of the deceased can bring a wrongful death claim. However, a sibling or friend cannot.

What Damages Are Available To Surviving Family Members In A Texas Truck Accident Wrongful Death Case?

Available damages for surviving family members in a Texas truck accident wrongful death case include:

• Loss of financial support to the spouse and children
• Household services, if the deceased undertook a considerable amount of responsibility at home
• Loss of companionship
• Funeral expenses
• Mental anguish or emotional distress

Punitive damages, such as mental anguish or emotional distress, are called non-economic damages because you can’t pull a bill for that. However, a jury will have to determine what those damages are worth.

Attorney Joseph Fierros is an experienced lawyer based in San Antonio, Texas, who has helped numerous clients like you navigate the intricacies of personal injury law. With years of experience, he is prepared to assist you in pursuing a wrongful death claim following a loved one’s death in a truck accident so that you receive full and fair compensation for the losses you’ve suffered.

Still have questions? Ready to get started? Contact Fierros Law, PLLC today to schedule an initial consultation.

What Legal Challenges Commonly Arise In Wrongful Death Litigation Involving Commercial Trucks?

The first hurdle is liability. Through their defense attorneys, the trucking company and their insurance carrier will almost always argue that they’re not liable for whatever reason.

The insurance companies’ defense attorneys are aggressive because these cases can be worth significant sums. That’s why they do their part to protect their client, and they will fight tooth and nail.

If you’re dealing with a commercial vehicle, there is often more than one layer of insurance coverage. If that’s the case, there could be disputes over which coverage applies and how much money is actually available for recovery.

Another challenge is that more than one claimant or family member can try to recover for the same life that was lost. This complication can cause conflict over who’s entitled to awarded damages.

How Can Experienced Wrongful Death Legal Guidance Ease The Burden On Families After A Fatal Truck Accident?

Calculating what a life is worth is complex and difficult. Because there are potentially multiple layers of insurance when you’re dealing with commercial vehicles, a layperson won’t typically understand how coverage works and how these insurances stack up. You need someone familiar with navigating this scenario and who can guide you.

There’s also a time crunch on wrongful death actions, so you have to act quickly. Commercial vehicles typically have an engine control management system or other tracking device. That evidence can be lost quickly, so you will need a lawyer to jump on your case immediately and send notices to the carrier to ensure they preserve the evidence.

Still Have Questions? Ready To Get Started?

For more information on wrongful death truck accidents in Bexar County, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (210) 390-4754 today.