For those who have been involved in an accident, knowing what to do afterward is usually pretty straightforward. If minor injuries have been sustained, the person may seek medical care, and then file a claim with his or her insurance company.
When a family member is in an accident though, knowing what to do can be a much more traumatic experience. If your loved one has been in a car accident in Texas and has suffered injuries that are debilitating or fatal, you need to take action immediately.
1. Contact an Attorney
If you have lost a loved one in a fatal car accident, or if your family member has been severely injured in a car accident and you are thinking about filing a lawsuit, you should seek legal counsel. An attorney can provide you with what you need to know about proving the fault of the other driver and gathering evidence, as well as the process of filing a claim and fighting your case in court. At the Tate Law Offices, P.C., we can help you today. Call us now at 888-565-7068.
Contacting an attorney should absolutely be your first step following the injury of a loved one. We’ve provided additional items for your review below – all of which will be covered during your initial free consultation.
2. Determine the Cause of the Accident
One of the first things that you should do following a car accident involving your family member or loved one is to view the police report to determine the cause of the accident. In most cases, car accidents are caused by driver errors – if your family member’s crash was caused because another driver behaved negligently, then you have a right to file a claim for damages on their behalf.
3. Familiarize Yourself with Texas Car Insurance Laws
Texas is an at-fault car insurance state. This means that the insurer of the at-fault party in the car accident is typically responsible for paying damages. If your loved one has been seriously injured, though, you may choose to pursue damages outside of the insurance system, especially if the at-fault driver does not have adequate insurance coverage to pay for the extent of injuries sustained.
4. Understand Your Right to file a Personal Injury or Wrongful Death Suit
If your loved one has been rendered incapacitated by the car accident, then he or she can sign over his/her rights of attorney to you. In doing so, you have the right to file a personal injury suit for damages on the behalf of the injured person.
If your loved one has died, then you have the right to file a wrongful death suit for damages if you are the parent, spouse, or child of the deceased. In filing a wrongful death suit, damages that you may be able to recover include the lost earning capacity of the deceased, mental and emotional anguish, lost services and support, lost companionship, and lost inheritance. Additionally, you may be able to recover any medical damages incurred by the accident, as well as funeral expenses.
In these tough, emotionally charged times, it is best to have the guidance of an attorney to help consult you through this process.