Wrongful Death Car Accident Settlement

The driver might not be the only party that may be held accountable in a wrongful death car accident lawsuit. In certain circumstances, a claim may be filed against other parties including:

• The driver’s employer. Commercial vehicle accidents involving 18-wheelers or other large commercial trucks can be singularly devastating. Examples of trucking companies’ negligence include pressuring drivers to drive longer shifts than regulations allow or failing to properly inspect and maintain the vehicle.
• The vehicle manufacturer. If there was something wrong with the vehicle that was not due to driver or owner error, it is possible to hold the manufacturer responsible.
• The builder, designer, contractor, or government agent responsible for a faulty roadway or inadequate warning of danger. If the road conditions were dangerous due to someone else’s negligence or error in judgment, you may be able to file a claim against the person who could have prevented the accident by responsibly carrying out their duties.
• The person who served the driver alcohol or the owner of the premises where the alcohol was served. Under the Texas Dram Shop Act in the Alcoholic Beverage Code, licensed alcohol vendors may be held liable for injuries caused by a drunk driver they served.

The amount of financial recovery you and your family should expect to receive for your harms and losses will depend on a number of factors. Because every relationship is different, every wrongful death case is unique. Many of the losses that follow a wrongful death are intangible in nature, and impossible to calculate. So, in proceeding through the wrongful death claim process, you can expect the following circumstances to influence what your settlement or financial recovery might be:

• The nature and history of your relationship to the deceased
• The deceased’s contributions, financially and otherwise, to the household
• The age of the deceased
• The health of the deceased
• The earning capacity of the deceased, including long-term earning potential
• Lost benefits to the family, such as health insurance
• The needs of any dependents left behind
• The amount of medical debt incurred for treatment of injuries prior to passing
• The at fault party’s insurance coverage amounts and other assets
• The circumstances surrounding the incident, including whether the deceased was partially liable for the accident in some way
• Immunity of government agencies who could have been involved in building/maintaining roadways

Wrongful death lawsuits are one of the longest types of personal injury cases. Most take at least a year — and sometimes several years — to be fully resolved. This is because most wrongful death cases are complex, since there may be many categories of damages and losses to calculate. Additionally, most wrongful death cases involve high settlement values. Unfortunately, when there is a great deal of money involved, insurance providers and other liable parties will work harder to undervalue your family’s settlement. Some other factors that can extend the length of your case include the following:

• Whether or not you have an estate set up for the deceased. In order to obtain compensation for your loved one’s passing, you may need to set up an estate. This will require a probate attorney and may take some time to resolve. FVF Law can help you locate appropriate assistance if this is the case.
• The cooperation of other parties. The willingness of other parties such as insurance providers and other drivers to communicate in a timely manner can affect how long a wrongful death accident case takes. Your case may also go on longer if the insurance company and other parties are unwilling to agree to the compensation you deserve. In this case, you may have to go through lengthy negotiations to obtain a fair settlement.
• The litigation process and jury trial. In some cases, your lawyer may recommend that you take your case to trial, particularly if you are unable to reach an agreement with the liable parties for adequate compensation. Taking a case to trial will most likely extend the length of your case.

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