Truck Accidents & Wrongful Death
Jan. 12, 2022
Accidents involving large trucks, 18-wheelers, or semi-trucks are often devastating and can result in severe injuries, hospitalization, incapacitation, or even death. Losing a loved one in a truck accident can be incredibly emotional and difficult to process. Thankfully, Texas personal injury laws allow an individual to seek damages for their loved one's untimely loss through a wrongful death claim. An experienced Texas personal injury attorney can offer you knowledgeable and compassionate advice during the process of filing a claim.
At Tormey & McConnell, our attorneys are poised and ready to support your loved ones during such a difficult period. As your legal counsel, we will investigate every aspect of your case and work to identify and hold the responsible party accountable. Our goal is to help you recover the financial justice you deserve for your loss. At our firm, we represent clients in Amarillo, Hereford, Canyon, Childress, Pampa, Borger, and Dumas, Texas.
Why File a Wrongful Death Claim?
A wrongful death claim is a civil action filed against a negligent party whose actions caused another person's death. The following are a few reasons why a person may choose to file a wrongful death claim:
Seek Justice for a Loved One: The surviving family members of the deceased person may be able to seek justice by filing a wrongful death claim and holding the at-fault party liable for their actions.
Seek Financial Compensation: Through a wrongful death claim, the surviving family members can get the proper financial support, and security they need to cover things like outstanding medical expenses, lost income, and burial or funeral expenses.
Serve as Deterrence: Filing a wrongful death suit can help warn others about the consequences of their potential negligent actions and prevent such an unfortunate incident from happening to other families or individuals.
No amount of financial compensation is enough to make up for the death of your loved one. Nevertheless, filing a wrongful death claim can help you pursue justice and financial security after such an unexpected loss.
What Constitutes Wrongful Death in Texas?
Texas law defines wrongful death as a death caused by the "wrongful act, carelessness, neglect, unskillfulness, or default" of another. Texas Statutes Section 71.002 states: a person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, carelessness, neglect, unskillfulness, or default."
Who Can Be Held Liable in a Truck Accident?
Upon filing a wrongful death claim after a truck accident in Texas, you will be required to identify the responsible party and prove liability. However, depending on the surrounding circumstances or cause of the truck accident, a number of different parties or entities may be held accountable, including:
The truck driver or owner
The truck manufacturer
The trucking company
Equipment and parts manufacturers
Maintenance personnel or company
The cargo loaders (those who shipped or loaded the cargo)
Government agencies who failed to properly maintain the road
A reliable Texas truck accident attorney can review the details of your situation, help identify the responsible party or parties, and determine how to proceed with your wrongful death claim.
Who Can File a Wrongful Death Claim in Texas?
According to Texas law, the following individuals may be eligible to file a wrongful death claim:
The decedent's legal surviving spouse
The decedent's surviving parents
The decedent's surviving children
The decedent's legally adopted child
The personal representative of the decedent's estate (after three calendar months of the death)
Working with a Texas wrongful death lawyer is a smart way to learn about your options and make sure you file your claim within the specified time limit.
Statute of Limitations for Wrongful Death Claims
The statute of limitation for wrongful death claims in Texas is two years from the date of the victim's death. This means that you must bring a wrongful death action within two years from the date the person died, or you will no longer be eligible to recover damages.
Possible Damages You Can Recover
Texas wrongful death claims may result in damages being awarded for:
Medical bills you accumulated before your loved one’s death
Lost wages, income, and other employment-related benefits
Burial or funeral expenses
Lost earning capacity
Loss of care, guidance, support, or counsel
Loss of consortium
Loss of love or companionship
Exemplary or punitive damages may also be awarded to further punish the at-fault party for their blatant misconduct or negligence.
A seasoned personal injury attorney can fight for your rights and help you pursue fair compensation for your loss.
Get the Compassionate Representation You Need
Losing a family member can be an overwhelming experience, especially happened suddenly as a result of negligence. Regardless, you don't have to suffer the pain and financial liability all by yourself. At Tormey & McConnell, our attorneys have devoted their careers to advocating for those who have lost loved ones in truck accidents and other devastating incidents.
As your legal counsel, we can evaluate all of the facts of your case, identify the liable party, and help file your wrongful death claim. Our team is prepared to fight diligently to help you pursue the maximum possible damages and wrongful death benefits you deserve. We want to help you seek justice on your loved one’s behalf.
If you have lost a spouse, child, parent, or family member to a truck accident, contact us at Tormey & McConnell today to schedule a free consultation. Our compassionate legal team can offer you the highly personalized legal guidance, support, and representation you need. From our office in Amarillo, Texas, we're proud to serve clients in the surrounding areas of Hereford, Canyon, Childress, Pampa, Borger, and Dumas.