Fatal Car Accidents: Seeking Closure Through a Wrongful Death Claim

The loss of a loved one is heartbreaking and life-altering, especially in a fatal car accident caused by someone else’s negligence. While no legal action can truly compensate for such a profound loss, a wrongful death claim can provide families with a sense of closure and financial support during this challenging time. These claims allow surviving family members to hold the opposing parties accountable and recover damages for medical and funeral costs, lost income, and emotional suffering.

The Law Firm of Chaile Allen is here to support families facing unimaginable loss due to a fatal car accident. Attorney Chaile Allen can guide you through the complexities of wrongful death claims, ensuring your case is handled with care and precision. She is here to help you seek justice and provide the legal support you need during this difficult time. 

What Is a Wrongful Death Claim? 

This type of legal claim arises when a person’s death is caused by the wrongful act, neglect, or carelessness of another party. The purpose of a wrongful death claim is to provide financial and emotional support to surviving family members and hold the responsible party accountable, which are governed by the Texas Wrongful Death Act under Chapter 71 of the Texas Civil Practice and Remedies Code.

In Texas, only specific individuals are eligible to file a wrongful death claim. These include the following:

• The Decedent’s Spouse: A surviving spouse can file a claim for the loss of companionship, emotional support, and financial contributions.
• The Decedent’s Children: Both biological and legally adopted children can bring a claim, including adult children.
• The Decedent’s Parents: Parents of the deceased, whether biological or adoptive, can file a claim for the loss of their child.

If none of the eligible parties file a claim within three months of the decedent’s death, the executor or administrator of the estate may pursue the claim unless all eligible family members specifically request otherwise.

Recoverable Damages in a Texas Wrongful Death Claim

The compensation available in a wrongful death claim aims to address the financial and emotional impact of losing a loved one. Recoverable damages in Texas may include the following:

• Losses related to the financial support and income the deceased would have provided.
• Funeral and burial expenses.
• Loss of inheritance, which may include what the deceased would have saved or passed down.
• Loss of companionship, love, and emotional support.
• Mental anguish experienced by surviving family members.
• Loss of guidance, care, and nurturing.

Attorney Chaile Allen can help navigate the legal process and fight for the maximum compensation owed to grieving families.

What Legal Rights Do You Have After the Death of a Loved One in a Fatal Car Collision? 

Texas law provides specific legal rights for surviving family members to seek justice and compensation. These rights are designed to hold responsible parties accountable for their actions and help families recover from the financial and emotional toll of their loss.

Right to Pursue a Survival Action

In addition to a wrongful death claim, the decedent’s estate may pursue a survival action under Texas law. This type of claim seeks compensation for the damages the deceased person could have pursued if they had survived, such as:

• Pain and suffering experienced before death.
• Medical expenses incurred before passing.
• Lost wages between the time of the accident and death.

The compensation recovered in a survival action is awarded to the deceased’s estate and distributed according to their will or Texas intestacy laws.

By asserting your legal rights with the help of Chaile Allen, you can seek justice for your loved one, hold negligent parties accountable, and secure the financial support needed to move forward after a tragic loss.

Speak With The Law Firm of Chaile Allen For Skilled Support 

At The Law Firm of Chaile Allen, Chaile understands the profound loss and emotional pain caused by a loved one’s untimely passing. Navigating the complexities of Texas wrongful death claims requires a compassionate, skilled attorney who can advocate for your family’s best interests. With over 26 years of litigation experience and strong ties to West Texas communities, Chaile is uniquely positioned to help you seek justice and secure the compensation your family deserves.

Wrongful death cases are deeply personal, and no two are alike. Our locally owned, independent firm provides individualized attention to every case, ensuring no detail is overlooked in holding negligent parties accountable. Let us guide you through this challenging time with dedication and care. Contact us today at (325) 670-9282 or through our contact form.