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My Family Member was Fatally Injured in a Car Accident, Do I Have a Case?

— August 1, 2022

Losing a loved one unexpectedly to an accident that could have been prevented isn’t an easy thing to accept.

Longview, TX- In short, yes, you may have a viable case. The state of Texas has laws in place that allow certain survivors of a deceased person to file a wrongful death claim in the event of a fatal car accident.

While there are traffic laws that have been enacted to prevent such injuries and keep the roadways safe, not all abide by them.  According to the Texas Department of Transportation, Texas experienced its second deadliest year in 2021, with a total of 4,480 people killed on its roadways1. 

If a loved one of yours was fatally injured in a car accident and you would like to find out if you are entitled to a file wrongful death claim on their behalf, an accident lawyer in Longview, TX can certainly help you.

What is wrongful death?

Wrongful death is when the death of a human being is the end result of another’s wrongful act, carelessness, neglect, or unskillfulness, according to Chapter 71, Sec. 71.002 (b) of the Texas Civil Practice and Remedies Code2.

A wrongful death lawsuit is often used to recognize a driver for their negligent or reckless behavior and allows certain surviving family members the opportunity to request financial relief for various damages.

Common damages awarded in wrongful cases include:

  • Pain and suffering
  • Loss of dependency
  • Mental anguish
  • Burial and funeral costs

When a surviving family member such as a parent, spouse, or child desire to sue for wrongful death, they must prove that the driver was negligent, and there are various methods that can be used to do this.

However, it is recommended that you have a skilled accident attorney in Longview, TX assist you with this as gaining access to sensitive material such as police reports, investigations, etc. to prove your case can sometimes be challenging.

Here’s how a Longview, TX accident lawyer can help

When suing for wrongful death, the court will look to see that you’re able to prove these four elements exist: 

  1. The driver owed your loved one a duty of care.
  2. The negligent driver breached that duty.
  3. The breach of duty resulted in harm.
  4. Your loved one suffered as a result of the harm they caused.

When someone else’s negligent actions are responsible for a person’s death, your Longview accident lawyer will use this as their basis to file a wrongful death claim. For instance, if a driver failed to yield the right of way of another motorist because he/she was texting and driving and caused a fatal collision, their surviving family members may hold the right to sue, and recover damages.

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Contact Cooper Law firm today to better understand the wrongful death lawsuit process

Losing a loved one unexpectedly to an accident that could have been prevented isn’t an easy thing to accept. If you recently lost someone you love and their death was caused by the negligent act of another motorist, you should discuss filing a wrongful death lawsuit with a Longview wrongful death attorney. 

The lawyers at Cooper Law Firm are available to help you file a wrongful death lawsuit, given you have a valid case, which could result in recovering compensation for things like burial and funeral costs, loss of dependency, and more.



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