New Braunfels Woman Killed in I-35 Crash
A recent crash on Interstate 35 in Schertz resulted in the death of a 22-year-old New Braunfels woman. According to police, the driver of a Toyota Tundra was traveling northbound when he collided into a Chrysler 200, causing the Chrysler to smash into highway barriers multiple times. The victim, who was a passenger in the Chrysler, was pronounced dead at the scene.
Wrongful Death Lawsuit
Although the majority of car accidents result in injuries, there are many crashes where injuries are so severe, that the victim does not survive. When a person is killed in a crash that was caused by another party, the law allows the family and/or the estate of the victim to pursue a wrongful death lawsuit against that party. Some of the damages that survivors can pursue in these cases include the emotional impact the victim’s death has on the family, as well as the financial impact.
In many states, the family members who are entitled to file a wrongful death lawsuit are determined by how closely related they were to the victim. The typical order includes:
The victim’s spouse
The victim’s child
The victim’s parent or parents if they did not have a spouse or children
In Texas, a wrongful death claim may also be filed by a representative of the victim’s estate. This could be the individual who the victim named in their will to be the executor, or if there was no will, then the court can appoint someone.
If the estate is successful in their wrongful death claim, either through a settlement or through a jury award, the funds will then become part of the estate and distributed along with the other assets to the heirs of the estate.
Damages in a Wrongful Death Lawsuit
When a wrongful death lawsuit is filed in a fatal car crash case, the damages that can be included in this action include the following:
Any medical expenses incurred trying to save the victim’s life, including ambulance transportation, emergency room treatment, surgeries, and hospitalizations
Loss of the victim’s income and benefits. This is often calculated up to the age the victim would have retired at
The pain and suffering the victim endured from the time of the crash until they died
Funeral and burial expenses
Emotional anguish and grief the survivors suffered over the victim’s death
Loss of guidance and support the victim provided his or her loved ones
Loss of companionship
If there have been criminal charges filed against the at-fault driver, such as in a drunk driving accident, it is important for family members to realize that these proceedings would be totally separate from any civil wrongful death action the family may file. It is not necessary for the criminal case to be resolved before filing a lawsuit. In fact, doing so could cause the statute of limitation to expire.
Contact a Texas Personal Injury Lawyer
If you have lost a loved one in a fatal car accident, call The Bettersworth Law Firm at 830-606-0404 to schedule a free consultation with a compassionate New Braunfels wrongful death attorney. We understand that no amount of money will ever make up for the loss of a loved one, but we can help your family get the financial justice you deserve.