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What Compensation Damages are Available after a Fatal Car Accident?

If your loved one has been taken from you because of a fatal car accident, whether they were with you in your auto or someone else’s, you are entitled to seek monetary damage compensation for that horrible loss. We truly understand why no amount of money can compensate a family for the loss of a beloved member in a tragic car wreck. But money is the only remedy the law can provide, especially if no criminal charges are filed against the other driver. Given the high price of funeral expenses and medical bills alone, the civil remedy is a valuable tool to help families get back on their feet after a heartrending fatal car wreck and give their loved one a fitting memorial. Even more: recovering damages from a defendant punishes them for his or her negligence. It also serves as a reminder of the financial and legal consequences to which negligent people expose themselves when they drive irresponsibly, and it can inspire them never to do it again.

In a fatal vehicle accident lawsuit, there are two types of damages. They are wrongful death damages and survivor damages. Below is a general overview of both.

Wrongful death damages are those directly incurred by family members that have lost a loved one due to a fatal accident. These damages can be sought by multiple immediate family members, such as a spouse, parents, or children, either separately or collectively. Wrongful death damages will often, but not always, include compensation for items such as the deceased family member’s medical bills prior to death and funeral expenses, along with a family member’s pain and suffering due to their loss. Also included in wrongful death damages is the loss of financial support provided by the decedent and the loss of consortium (or unique familial love that is lost). Sometimes that consortium can be personal and professional if, for example, a father was in business with his wife or his son or all members were part of a family business. They include:

Compensation for mental and emotional distress caused by the loss of a family member.
Compensation for loss of companionship.
Compensation for loss of the financial support of your deceased family member.
Compensation for funeral and medical expenses your family member incurred due to the accident.

Survivor damages are collected from the defendant by a surviving family member, usually on behalf of the entire family, in the name of the deceased family member. Survivor damages are those that the victim would have been able to sue the defendant for had he or she survived. Those are damages that any personal injury plaintiff may file against a negligent defendant. But in this case, only one family member can seek survival damages since that family member effectively acts as a proxy for their deceased relative in a wrongful death case. In Texas, the family member who seeks survival damages can also seek wrongful death damages, which isn’t the case in many other states.

Survivor damages include:

Compensation for lost wages due to time spent in the hospital after the accident.
Compensation for loss of earning capacity.
Compensation for medical expenses incurred due to the accident.
Compensation for physical pain and suffering.
Compensation for emotional and mental suffering.

Your insurance claim or civil case will most likely demand that you seek damages for wrongful death and survival. The proof required for these two types of damages is discretely different. The wrongful death attorneys at our Law Office are skilled and experienced in developing cases to prove all the damages our clients are entitled to and maximize your opportunity to recover all the damages you and your family rightfully deserve on behalf of your deceased loved one.

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Car Accidents – Personal Injury Lawyers

Seeking the services of car accident lawyers is just common sense if you happen to be involved in a car accident.

The experience of those involved in an auto accident can be very traumatic. Apart from the pain of injuries, you may also experience anxiety, frustration, fear, despair, and resignation. But in reality, you don’t have to be bullied by insurance companies for a quick settlement or take a loss if you were not the driver at fault.

It’s only sensible to chat to some auto accident lawyers to see if they can be of help. It doesn’t cost anything to ask! More on this website

Meeting with an accident on the roads could lead to various repercussions resulting in expenses for both the vehicle involved in the collision, as well as the people. These expenses might include:

ambulance transport
medical treatments
getting the car damages repaired
getting the car towed to the nearest repair center

All this involves money, and you may not be too sure of how to get things organized if you find yourself in such a situation.

If your own insurance company doesn’t seem to be as helpful as it should be in dealing with your accident expenses, the key is to remain calm and seek the help of qualified car accident lawyers.

Legal help from the specialized accident lawyers based in can help car accident victims to save a lot of undue expenses when it comes to their claims and policies.

Generally, car accident lawyers are specialized in the field of car and other types of auto accidents and know the rules for protecting their client’s interests.

No matter what others may tell you to sign, be well aware that no signatures are to be given for any kind of mutual agreement until and unless your car accident legal representative arrives on the scene and gives you the go-ahead.

An accident attorney will know the kind of issues that need to be noted at the site of the accident, and the kind of proof that needs to be gathered to support claims.

It’s important to take down minute details of how the accident occurred, the seriousness of injuries, the kind of damage affecting the car, etc. Beyond that, it’s also important to go about recording statements from witnesses, if there were any, to further prove a claim.

Photographs of the accident scene may also be taken by your car accident lawyers. They have knowledge about the type of damages that are eligible for claims. They even have an update on the designs and models of cars and reasons if any for freak accidents.

Many are under the impression that engaging the services of attorneys for car accidents is very expensive. In actual fact, this is a myth because most lawyers’ charges are reasonable when compared to the amounts one would have to pay for damages if the accident case is not represented properly.

In most cases, such lawyers do not demand their legal consultation fee at the first instance, and hence there is no need to pay upfront for consultation. There are even plenty of auto accident lawyers who won’t charge you if they don’t win your case.

When a lawyer is contacted for handling a case, he or she usually briefs the client on the expenses likely to be incurred. If you are still unsure, don’t be afraid to ask until you have a full understanding.

Rear-End Collision

In Texas, it is illegal to follow behind another vehicle too closely. This is known as tailgating, and the dangerous practice significantly increases the risk of a rear-end collision. Nearly half of the annual multi-vehicle accidents in Texas are rear-ended collisions.

A rear-end collision is one of the most common car accident causes. If you are struck from behind by a negligent driver, you may not be held responsible for the accident, even if you were completely stopped.

If you were injured in a rear-end collision, contact our car accident lawyers by calling toll-free or by sending us an email to find out how we can help you.

Preventing A Rear-End Collision

All drivers are required to provide an acceptable amount of following distance between their vehicles and other vehicles on the road. More on this website
Drivers can avoid rear-end collisions by following a few simple rules:

Always maintain an adequate distance between your car and the car you are following.
Flash brake lights to give drivers following behind you warning of upcoming changes in traffic flow.
Use turn signals every time you turn.
Distracted driving is a serious national epidemic. Another way to prevent a rear-end collision is to avoid engaging in distracted driving, such as texting while driving or adjusting the radio.

What To Do After A Rear-End Collision

Even if you exercise reasonable care, you may still be involved in a rear-end collision with a negligent driver. When this occurs, you are likely to be confused and traumatized. However, you can take some important steps immediately following a rear-end collision.

First, check the injuries of everyone involved in the accident and call 911 for immediate assistance. Also, call the police as soon as possible and make sure a formal police report is filed. Having official documentation of the accident is vital for any future legal claims.

Take note of the surrounding conditions. Try to recall what the weather conditions were at the time of the accident and the time the accident occurred. Obtain the license plate number of the other driver in case he or she refuses to provide you with any personal information. Taking photos of the accident scene is also highly recommended.

Injuries From A Rear-End Collision

One of the most common injuries from a rear-end collision is whiplash, which can easily occur when a driver unexpectedly experiences a sudden blow from behind.

Drivers also typically suffer injuries to the face and head after a rear-end collision. Although certain safety features such as airbags and seat belts are designed to prevent injury, these features may not always work effectively during a rear-end collision.

If you’ve experienced any injuries as the result of a rear-end collision, you may have a viable claim for compensation. You may be entitled to a financial award covering your medical bills and lost wages, as well as the pain and suffering caused by your injuries.

If you are suffering from injuries suffered in a rear-end collision, our car accident attorneys are here to help you. Call toll-free or email us to see how we can assist you.

This blog was posted by Ford and Laurel Attorneys Laredo, Texas