Losing a loved one is a gut-wrenching, traumatic event. Losing a loved one in a sudden and completely unexpected accident makes the pain that much worse. For example, a 13-year-old girl lost her life when the 2005 Lexus in which she was a passenger was rear-ended by a 2011 Jeep Wrangler. The tragic collision occurred on Loop 1604 on the North Side of San Antonio.
Reports indicate that the Lexus was stopped in traffic when the driver of the Wrangler crashed into the back of the Lexus. The young girl suffered a severe head injury and was taken to University Hospital, where she later died, according to mySA.com. The driver of the Lexus also suffered serious injuries in the collision.
Deepest sympathies go out to the family and friends of the young girl. It is heartbreaking to learn that someone so young, with a bright future in front of them, had their life taken due to the careless actions of another driver.
Deadly Auto Accidents All Too Common in Texas
In 2015, over 518,000 auto accidents were reported in the Lone Star state. Of the more than 518,000 collisions, nearly 247,000 people suffered injuries and over 3,500 lost their lives. Data indicates that there is at least one car crash every 61 seconds in the state, according to the Texas Department of Transportation.
Recoverable Damages in a Texas Wrongful Death Action
If you lost a loved one in a preventable accident, you may have the right to pursue a civil wrongful death claim against the at-fault party. In Texas, there are typically two different wrongful death actions that a family member can take after the sudden loss of a loved one.
The first action is what’s known as a “survival action.” There is where you can recover financial restitution when the victim survived the collision, but passed away later on. A survivor action allows you to pursue damages for the victim’s pain, torment, and mental anguish immediately after the accident, along with medical bills, funeral expenses, and burial costs.
The second action is what’s known as a “wrongful death” action. This is a claim allowing a family member to pursue financial restitution for the loss of financial support supplied by the victim, the loss of companionship and mentorship, the loss of emotional support, mental anguish, psychological trauma, and other pain and suffering damages.
The decision on what type of action to take depends on the specific facts of your particular case.
Contact a New Braunfels Wrongful Death Lawyer Today
A surviving family member who lost a loved one in a car accident should contact an attorney right away to discuss their potential case. The skilled New Braunfels wrongful death attorneys at The Bettersworth Law Firm are here to help you through this extremely difficult time. We fully appreciate the fact that losing a family member is a devastating experience. You should focus on the grieving process and let us handle the legal negotiations and filings. Contact our office today to schedule a free, no-hassle case review.