A 24-year-old Austin man was killed in a car accident on the night of July 16, when the Cadillac STS he was riding in crossed the centerline of FM 1438 and struck two other vehicles. The accident occurred around 9:40 PM, and the man was pronounced dead at the scene, though another driver, a 61-year old Lago Vista man, died later at St. David’s Round Rock Medical Center. If someone loses a loved one, they may be able to recover monetary compensation, for both the tangible and the intangible, and if the man had been killed in an accident by the negligence of another driver, his family could seek significant damages. The man was an up-and-coming boxer who won the World Boxing Council-NABF Super-Welterweight title in January and had aspirations to higher titles.
You Must File Quickly
The Texas Wrongful Death Act says that the surviving family of a deceased person may seek compensation from a defendant if it can be shown that the deceased person died because of the defendant’s “wrongful act, negligence, carelessness” or any conduct where it can be shown that they failed to exercise reasonable care. Only the surviving family of the deceased person may file suit – generally parents, children, and the surviving spouse – though the personal representative of the estate can do so if the family has not filed within a certain time frame (usually 90 days).
The time frame in which you must file a wrongful death suit is relatively slim; you have only two years in which to bring suit. This can sound like a very long time, but in reality, it is quite short; notice has to be given to the other side, and time must be taken to build an appropriate case. If you fail to file, your suit is forever barred, which many people do not realize until it is too late. It can be easy to let the limitation slip your mind when you are dealing with grieving and winding up the deceased person’s affairs, but it is crucial not to let this happen.
If you do file a wrongful death suit, you need to make certain that you understand the types of possible damages you can recover if you are successful at trial. The possible recovery most people think of is comprised of so-called economic damages. Economic damages are more concrete and can be quantified with little to no trouble. Medical bills and funeral expenses are examples of this – any kind of monetary loss that can be established by records usually falls into this category.
Non-economic damages are the less tangible kind. Any kind of losses incurred by the family that may require testimony from experts or some other type of proof that cannot necessarily be found in written records will fall into this category. Examples include mental pain and suffering, loss of future inheritance, and loss of companionship, love, and care. Families like the deceased Austin man’s may find it appropriate to seek a higher amount in damages for non-economic reasons, given his past undefeated record and every appearance of furthering his career. Each case is different, however, and consulting an experienced attorney is crucial in determining how your specific case should proceed.
Contact a New Braunfels Wrongful Death Attorney
While the Austin man’s family and fans grieve, we can learn from the sad circumstances of his passing. If you have lost a loved one in an automobile accident, calling a skilled New Braunfels wrongful death attorney at the Bettersworth Law Firm may be a good first step toward determining how to proceed. Contact our offices today at 888-392-0039 to set up a free consultation.