According to reporting from Fox San Antonio, one person was killed in a tragic three car accident in Kendall County. The accident happened west of the town of Boerne, on highway forty six. The crash shut down that stretch of highway for several hours. The Texas Department of Public Safety made no other details available at this time. Car accidents that involve serious injuries or worse death, are incredibly heartbreaking. If you, or a loved one, has been involved in a car accident and need legal assistance, contact an experienced San Antonio, TX car accident attorney.
Car Accidents and The Texas Wrongful Death Act
In the state of Texas, the Wrongful Death Act established clear legal options for close relatives of the deceased victims. Without the Act, it would be difficult, if not impossible, for the victim’s family to recover damages for their horrible loss. The Wrongful Death Act applies to any wrongful death lawsuit, including one stemming from a car accident. Successfully recovering compensation in a Texas wrongful death case requires meeting each of four different elements:
- Only the spouse, parent or child of the victim is eligible to bring a case under this act;
- It must be established that the victim would have been eligible to bring the lawsuit had they survived the accident;
- You must be able to establish that the opposing party was negligent;
- The opposing party’s negligence must have been a cause of the victim’s death.
An experienced Texas wrongful death attorney will comprehensively review all of the evidence and details of your situation and the use that evidence to build a case that meets each of these required elements.
Collecting Compensation for Wrongful Death in a Car Accident
Money can never fully compensate for the pain of losing a family member in an accident. But, it is important that the negligent party is made to pay for their bad actions. In the state of Texas, there are three types of recoverable damages available to someone filing a wrongful death claim. They are:
- Economic damages : These damages are for all monetary losses that were sustained due to the loss of life. Economic damages will typically include all medical bills as well as future lost wages. But, it can also include any other type of monterey lost that the victim incurred.
- Noneconomic damages : This category of damages is for the intangible losses that are more difficult to quantify. Noneconomic damages include things such as pain and suffering and also loss of companionship.
- Punitive damages : Punitive damages can be recovered in cases where the death was caused by the gross negligence of the other party. For example, if a wrongful death occurs in a car accident that happened because of drunk driving, a Texas jury will often award punitive damages. The goal of these damages are to punish the very bad actions of the other party, and discourage other citizens from emulating their bad behavior. Punitive damages are also known as exemplary damages.
Contact An Experienced Wrongful Death Attorney
Losing a loved one in a car accident is devastating. At the Law Offices of Ronald A. Ramos we serve people who have been injured in car accidents, and the families of victims who have lost their lives in tragic car accidents. If you have any questions about wrongful death in car accidents, or Texas car accident in general, contact our experienced San Antonio legal team today to schedule a free consultation.