What happens after a fatal car accident? After a fatal car accident, law enforcement will investigate and file a report, a medical examiner will determine the cause of death, and the surviving family can bring a wrongful death lawsuit.
If you want to file this type of lawsuit, speak with a fatal car accident lawyer in Corpus Christi, and they can explain your legal options.
Expect the Police to Perform an Investigation After a Fatal Car Accident
A police investigation is one of the initial things that happens after a fatal auto accident. Police officers will go to the accident scene, document what they find, and interview witnesses.
Next, they will put together a police report that details their observations. This report will be available within days or weeks of the accident.
Those who want to proceed with a lawsuit against anyone who is liable for a family member’s fatal auto accident use a police report as evidence. When a police report is utilized in conjunction with other forms of proof, it supports a claim of negligence. This can boost the likelihood that a judge or jury will award damages.
If you want help with a wrongful death lawsuit relating to a fatal auto accident, trust the team at Carrigan & Anderson, PLLC. Our car accident lawyers in Corpus Christi empathize with you and your family as you cope with your tragic loss. We have years of experience and can help you pursue justice and compensatory damages. Contact us today to learn more.
We have offices in Houston, Corpus Christi, and Victoria; and will travel to any corner of Texas if we are capable of preventing an injustice.
A Medical Examiner Will Identify the Cause of Death Following a Fatal Auto Accident
After the police complete their investigation, a medical examiner can assess the body to determine how the individual died. The examiner’s findings will appear on the death certificate of the deceased person (decedent). This is an important step to happen after a fatal car accident so that the surviving family can establish the death is a direct result of the crash.
A death certificate can be used as evidence in a wrongful death lawsuit for a fatal auto accident. The certificate helps verify the fact, location, and time of a person’s death. Even though the certificate indicates that a death occurred in a motor vehicle accident, it does not assign blame.
If you want to file a wrongful death lawsuit based on a family member’s fatal auto accident, you have a limited window to do so. According to Texas Civil Practice and Remedies Code Section 16.003, the statute of limitations for filing this type of lawsuit is generally two years from the date of death. Beyond this period, you lose the right to sue at a later time.
Certain Surviving Family Members Could Proceed with a Wrongful Death Lawsuit Based on a Fatal Car Accident
Under Texas’s wrongful death statute, only certain parties are eligible to file a lawsuit on behalf of a deceased family member. These parties include a surviving spouse, child, or parent of the decedent.
The people who meet the criteria for filing a wrongful death lawsuit relating to a family member’s fatal auto accident have to submit their compensation request in alignment with the wrongful death statute of limitations in Texas.
Filing a wrongful death lawsuit can be emotionally taxing for the surviving family of a deceased person. As such, hiring an attorney with relevant case experience is an important step to take after a car accident in Texas in which you lose a loved one. Your lawyer can help you through the legal process as you and your loved ones deal with the aftermath of your loss.
Representing the injured in all areas of Texas that extends back over 40 years
A Survival Action Could Be Filed After a Fatal Auto Collision
Sometimes, what happens after a fatal auto collision is that an executor or administrator of a decedent’s estate files a survival action on behalf of the decedent. The action represents a legal claim to recover damages for losses that the decedent may have suffered from the date they were injured to their death.
With a survival action, an estate executor or administrator could recover damages for the decedent’s medical bills, lost income or earning capacity, pain and suffering that they dealt with prior to death, and other tangible and intangible losses. If the action is successful, the estate can be awarded economic and non-economic damages.
A personal injury lawyer in Corpus Christi can detail the differences between wrongful death lawsuits and survival actions. Depending on the circumstances of your case, your lawyer may advise you to take appropriate legal action against anyone who is at fault for your loved one’s fatal accident.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
Your Legal Options After a Fatal Car Accident
As you think about what can happen after a fatal car accident, remember, you have legal options. If you are a surviving family member of a deceased person involved in the incident or an executor or administrator of their estate, you may be eligible to seek compensation from any at-fault parties.
Wrongful death attorneys value compassion and care. If you want to explore your options following a loved one’s fatal auto accident, these lawyers can discuss them with you. They can also help you take the initial step to recover damages through a wrongful death lawsuit or a survival action.
If you move forward with either of these options, your lawyer wants you and your loved ones to continue to care for and support one another as you mourn your loss. They can provide frequent updates regarding the status of your case. If warranted, they can present your case in front of a judge or jury.
The Bottom Line on What Happens After a Fatal Car Collision
A lot can happen after a fatal car collision. If you want legal guidance and support during this period, the team at Carrigan & Anderson, PLLC is available.
We can provide information about wrongful death claims and lawsuits. If you want to file one, we can assist. To find out more, request a free consultation.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
