This Blog was brought to you by The Carabin Shaw Law Firm - Call Shaw! - Personal Injury Lawyers
Whether the loss happened recently or some time ago, if you are mourning the death of a loved one killed in a car accident, you are not alone. Every year thousands of motorists and pedestrians are involved in fatal car accidents across Texas and throughout the country. The person you lost may have been a son or daughter you cherished deeply, a devoted spouse, a hardworking parent and breadwinner, a lifelong friend, a brother or sister who was always there when you needed them. Whatever role they played in your life, the pain of losing them never fully disappears. It diminishes with time, but it does not go away.
When the tears are not quite as frequent and you begin to gather your thoughts and consider how senseless the accident was, you may realize that you have legal recourse. A wrongful death lawsuit may be available to you and your family, and consulting with a fatal car accident attorney is the right first step. Our wrongful death lawyers are experienced in this specific and demanding area of law, with more than 34 years of successful courtroom experience and a strong reputation as skilled out-of-court negotiators. Our legal team knows how to deal with insurance companies that, by nature, do not play fair with surviving family members who are seeking the compensation they deserve. More about Car Accident attorneys San Antonio
Many survivors of fatal car accident victims discover too late that their inexperience in litigation is no match for the defense attorneys who specialize in these exact types of cases. It is easy to underestimate how complex the courtroom process truly is. Television court dramas compress months of investigation, discovery, depositions, and legal research into a one-hour episode, giving viewers the false impression that trials are straightforward and that the right side always wins quickly.
What those shows never depict are the countless hours of investigative work required before a case ever goes to trial — reviewing the accident scene, photographing evidence, gathering data on the circumstances of the crash, deposing witnesses and expert professionals, and researching the specific case law that applies to the unique facts of your situation. A wrongful death case is not something any novice, or even a generalist attorney without specific experience in this area, should attempt to handle.
Insurance companies are an aggressive force in wrongful death litigation. They will do everything in their power to argue that the fatality was not the fault of the party they represent. They will attempt to shift blame onto the deceased victim — the very person your family is mourning — and they have no shame in doing so. In some cases, they go so far as to manufacture false witnesses who will lie for compensation. Going up against an insurance company in a wrongful death lawsuit is not for the faint of heart, and it is absolutely not something a family should attempt without the guidance of a seasoned fatal car accident attorney.
Insurance companies that cover at-fault drivers in fatal accident cases have one primary objective: to pay as little as possible to the surviving family members. They have experienced defense attorneys either on staff or on permanent retainer who specialize in contesting wrongful death claims and minimizing what their clients are required to pay.
These defense attorneys begin working immediately after the accident is reported. While your family is grieving and trying to understand what happened, the insurance company's legal team may already be investigating the scene, speaking to witnesses, and building arguments designed to undermine your case. Every hour that passes without legal representation on your side is an hour the other side uses to strengthen their defense and weaken yours.
Beyond the defense attorneys, insurance adjusters play an equally dangerous role. They will approach surviving family members with expressions of sympathy and promises of help, creating a false sense of security. Their real goal is to gather information that can be used to reduce or deny your claim, or to pressure emotionally devastated family members into accepting a settlement that is far below what they are actually owed. Once a settlement is signed and accepted, the legal rights of the surviving family members are extinguished — there is no going back for more.
Texas law provides surviving family members with the right to pursue compensation for the wrongful death of a loved one killed due to another party's negligence. This includes compensation for the financial support the deceased provided, the loss of parental guidance and services for surviving children, the loss of companionship and consortium for a surviving spouse, and the emotional suffering caused by the loss. Survival claims — which cover the pain and suffering experienced by the deceased before death, as well as medical expenses incurred — may also be available through the estate.
Pursuing these car accident claims requires building a thorough and well-documented case that proves the negligence of the at-fault party and establishes the full scope of your family's losses. The insurance company will challenge both of these elements aggressively, which is why having experienced wrongful death attorneys in your corner from the very beginning is essential.
The telephone consultation is toll-free, and so is the initial legal consultation. Contact a fatal car accident attorney today to discuss your family's situation, understand your rights under Texas law, and learn what can be done to hold those responsible fully accountable for the accident that took your loved one's life.
