When an individual is killed in a car accident his remaining family members have what is known as a wrongful death claim. The Texas Wrongful Death Statute compensates a decedent’s heirs for any damages they have suffered as a result of the death of their family member. This is in addition to any survival cause of action for a decedent’s heirs where they are entitled to damages for injury to his health, reputation or person. Just because a person died in a traffic accident with another person does not automatically entitle the decedent’s family to money. It must be proved that the offending party was negligent. The problem that arises is that while a decedent’s family is grieving, the negligent party, often a commercial trucking company in many auto accident cases that result in death, is busy doing their best to sway the police investigation in their favor by presenting only evidence about the accident favorable to them to the investigating police department. They are also busy finding witnesses that may in any way be favorable to them. They will hire an accident reconstruction expert to go immediately to the scene to create a report most favorable to them in an effort to absolve themselves of liability for the car accident. Meanwhile the grieving family normally decides that they want to wait a while before even looking into legal representation. While they wait the opposing party is creating an investigation showing they are not at fault and influencing the findings of the officer who will write the police report. By the time the family gets around to hiring an attorney their negligence in acting quickly to secure an attorney who will do his own investigation has hurt the case to the point where perhaps no recovery will be possible. Time is of the essence. A deceased’s family needs to hire an attorney as soon as possible after the accident to secure the evidence that will be necessary to be successful on the case.
The Houston Auto Accidents Attorneys at DeSimone Law Office are ready to act immediately on any wrongful death case. Upon being hired they will automatically work to recover all evidence that will be needed to prove that the offending party was at fault. Don’t let a responsible party who has caused a loved one’s death do everything possible to deny a claim while you grieve. Call the lawyers at DeSimone Law Office now to protect your family’s and your rights.