Dallas Fatal Car Accident Lawyer

If your spouse, child, or parent was fatally injured in a Dallas car accident, you may have the right to recover compensation for your damages by filing a wrongful death claim.

If your loved one survived for some time after the car accident, you may also be able to file a survival action to recover damages they sustained from the accident before death.

We understand that no amount of money can take away your pain or wholly compensate for your loss. However, seeking financial compensation can help empower you and lessen some of the burdens caused by your loved one’s death.

The Dallas fatal car accident lawyers at Bush & Bush Law Group have decades of experience protecting the rights of family members and helping them recover the full compensation they are entitled to.

Call (469) 977-7777 or visit our contact page to schedule a free consultation to discuss your case with one of our best Dallas car accident lawyers.

Why Bush & Bush Law Group?

• Our car accident attorneys have the experience, skills, and resources to help our clients recover maximum compensation.
• We have recovered over $50 million in awards and verdicts for our clients.
• We have decades of experience protecting the rights of Dallas car accident injury victims and their families.
• Our attorneys are dedicated to our clients' well-being and to helping them move forward after being injured or losing a loved one due to another party’s negligence.

Common Causes of Dallas Fatal Car Accidents

Fatal car accidents have numerous causes. Some of the most common include:

• Driving while intoxicated.
• Distracted driving.
• Driving while sleepy or fatigued.
• Speeding and aggressive driving, including running traffic lights, tailgating, and abrupt lane changes.
• Malfunctioning vehicle equipment.
• Dangerous road conditions.
• Wrong-way driving and improper turns.
• Failure to obey traffic laws.
• Over-correction.
• Failure to yield.
• Drifting into another lane.

Determining the cause of your accident is critical to the success of your claim. Our attorneys carefully investigate your accident to help determine all possible causes and potentially liable parties.

Wrongful Death Claim After a Dallas Fatal Car Accident

Texas Civil Practice and Remedies Code §71.002 outlines the Texas wrongful death law, which provides that a person may be liable for damages caused by an individual’s death if the death was caused by that person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.

The parties who may file a wrongful death action to recover damages after the death of a loved one are outlined in Texas Civil Practice and Remedies Code §71.004, which states:

“BENEFITTING FROM AND BRINGING ACTION. (a) An action to recover damages as provided by this subchapter is for the exclusive benefit of the surviving spouse, children, and parents of the deceased. (b) The surviving spouse, children, and parents of the deceased may bring the action, or one or more of those individuals may bring the action for the benefit of all. (c) If none of the individuals entitled to bring an action have begun the action within three calendar months after the death of the injured individual, his executor or administrator shall bring and prosecute the action unless requested not to by all those individuals.”

If your spouse, parent, or child were killed in a Dallas fatal car accident caused by another party, you may have the right to file a wrongful death action to recover compensation for damages. You should promptly speak to an experienced Dallas fatal car accident lawyer to understand your rights.

Texas Survival Action After a Dallas Fatal Car Accident

In addition to a wrongful death claim, your loved one’s estate may be entitled to file a survival action as outlined by Texas Civil Practice and Remedies Code §71.021, which provides:

“(a) A cause of action for personal injury to the health, reputation, or person of an injured person does not abate because of the death of the injured person or because of the death of a person liable for the injury.

(b)A personal injury action survives to and in favor of the heirs, legal representatives, and estate of the injured person. The action survives against the liable person and the person’s legal representatives.

(c) The suit may be instituted and prosecuted as if the liable person were alive.”

Texas Statutes of Limitations for Wrongful Death and Survival Actions

A statute of limitations sets the deadline for when a claim must be filed. If you miss your deadline, you cannot recover compensation.

For wrongful death claims, the Texas Civil Practice and Remedies Code §16.003(b) provides:

“A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”

Thus, your filing deadline is two years from your loved one’s death, which is not necessarily the same as the date of the fatal car accident.

The filing deadline for a survival action is generally the same as that for a personal injury action: two years from the date of the accident or injury, as outlined in Texas Civil Practice and Remedies Code §16.003(a).

The statute of limitations may be paused after the injury victim’s death for up to one year. However, if an executor or administrator is named during that one year, the statute of limitations will begin running again.

There are exceptions to these statutes of limitations. You must promptly consult an experienced wrongful death lawyer in Dallas to determine your filing deadlines. It is also important to act quickly to help preserve and collect essential evidence to support your claims.

Wrongful Death and Survival Action Compensation After a Dallas Fatal Car Accident

In a Texas wrongful death action, the spouse, children, and parents of the decedent may recover damages such as:

• Loss of the deceased’s future income and earnings.
• Funeral and burial costs.
• Loss of companionship, guidance, and love.
• Emotional pain and suffering of the spouse, children, and parents.

In a Texas survival action, the decedent’s estate may be able to recover damages such as:

• Pain and suffering the decedent experienced before death.
• Medical expenses incurred by the decedent because of the accident.
• The decedent’s lost wages between the date of the accident and their death.

What Will a Dallas Fatal Car Accident Lawyer Do To Help Me Win My Case?

An experienced Dallas fatal car accident lawyer can carefully investigate your loved one’s accident to help determine all possible causes and liable parties. They can take fast action to identify and collect evidence to support your claim.

A skilled Dallas fatal car accident lawyer will work to build your strongest case, help ensure all damages are accurately valued to determine the value of your claim, and will work to reach a fair settlement of your case as quickly as possible.

If a fair settlement is not reached, your attorney can take your case to trial to demand full compensation for your damages.

Your chances of recovering maximum compensation are significantly increased when represented by an experienced Dallas fatal accident lawyer.

Contact Bush & Bush Law Group Today

Our compassionate attorneys understand that nothing can bring your loved one back, and money can never actually compensate you for your loss. However, recovering compensation can help ease some of the financial burdens caused by their death.

At Bush & Bush Law Group, our Dallas fatal accident lawyers will walk beside you during this dark time and fight tirelessly to help you recover maximum compensation.

Call (469) 977-7777 or complete the short form on our contact page to schedule a free consultation to discuss your loss and how we can help you.