Things to Know About Wrongful Death Claims After a Fatal Truck Accident

When fully loaded, a commercial truck can weigh up to 80,000 pounds. Even when a truck is not carrying cargo, the sheer size and weight of these vehicles cause some of the most serious injuries. In the most tragic of cases, victims do not survive it and family members are left grieving the significant loss and trying to move forward with their lives.
While nothing can bring back a loved one, you may be able to file a wrongful death claim to recover funeral and burial costs. There may also be an option to help your loved one’s estate recover certain losses. Below, our San Antonio 18-wheeler accident attorney explains further.
Understanding Wrongful Death Claims in Texas
If you have lost someone you love in a fatal truck accident, you may be able to file a wrongful death lawsuit. Through a wrongful death claim, you may be able to recover damages you and your family incurred as a result of the death. These damages may include the following:
- Loss of advice and counsel (the monetary value of professional recommendations and personal guidance the decedent might have rendered to you if the decedent had survived)
- Mental anguish
- Loss of love, comfort, and emotional support
- Loss of companionship and society
- Loss of inheritance
- Loss of financial support
- Loss of Household and Domestic Services
- Loss of a parent’s services, including the monetary value of nurture, care, education, and guidance
- Exemplary damages
Under state law, only certain people are eligible to file wrongful death claims. These include legal spouses, children, and parents of the deceased. Siblings and other close relatives are barred from filing wrongful death claims in all situations. If eligible family members do not file a wrongful death claim within three months of the death, the personal representative of the estate may file a claim.
Understanding Survival Actions in Texas
After losing someone you love in a fatal truck accident, you may also be able to file a survival action. Unlike wrongful death claims, these cases are not meant to compensate surviving family members for their losses. Instead, they are intended to compensate the decedent’s estate for losses they incurred before their death. Essentially, if the decedent could have filed a personal injury claim if they had survived the crash, a survival action may be appropriate. These claims are not only intended to compensate the estate for its losses, but also to hold defendants liable even though the victim has passed away.
A survival action can help an estate recover losses incurred by the decedent between the time of the crash and the time of death. This can include any medical expenses related to treatment for injuries, as well as any pain and suffering incurred by the deceased before their death. Under state law, only the legal heirs or estate representative is eligible to file a survival claim.
Our 18-Wheeler Accident Lawyer in San Antonio Can Help with Your Wrongful Death Claims
Although wrongful death claims and survival actions are considered separate legal issues, they usually are included in the same lawsuit. At the Law Office of Israel Garcia, our San Antonio 18-wheeler accident lawyer can provide the legal advice you need and guide you through the process so you obtain the best outcome possible. Call us today at 210-LAW-9999 or chat with us online to schedule a free consultation and to get the legal counsel you need.
Sources:
casetext.com/statute/texas-codes/civil-practice-and-remedies-code/title-4-liability-in-tort/chapter-71-wrongful-death-survival-injuries-occurring-out-of-state/subchapter-b-survival/section-71021-survival-of-cause-of-action
statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm