Fatal Car Accidents – Wrongful Death Claims

Fatal Car Accidents

Fatal car accidents can occur when a driver suffers any type of common car accident injury, and they almost always cause unimaginable grief. If the fatal accident was caused by a negligent driver, feelings of anger often accompany the unbearable pain.personal injury aw - wrongful death cases

Although it is absolutely impossible to put a value on the life of the lost loved one, filing a wrongful death lawsuit can help hold the responsible driver accountable for his or her negligent actions.

If you’ve lost a loved one in an accident, you may be entitled to financial compensation.

When a family member has died in a car accident, make an appointment with our experienced car accident attorneys by calling toll-free or emailing us.

Wrongful Death In Fatal Car Accidents

When a family member or loved one dies from an injury sustained in a fatal car accident, such as a head injury, a wrongful death lawsuit may be filed. Every driver has a duty to drive with reasonable care. When this duty is breached, a driver is negligent and may be financially liable for causing the death of another.

A successful wrongful death claim requires the following:

The death of a human being caused by the negligence of another
Surviving family members who experience financial difficulty due to the death
Establishment of a personal representative for the decedent’s estate
In some fatal car accident cases, a survival action may be brought in addition to a wrongful death claim. A survival action is essentially a personal injury action brought on behalf of the deceased family member.

Claiming Wrongful Death

Texas law allows a number of individuals to bring a wrongful death lawsuit after a fatal car accident including the surviving spouse, parent, child, or personal representative of the deceased. A personal representative may bring the suit on behalf of the surviving family members or on behalf of the decedent’s estate if no survivors remain.

A wrongful death lawsuit is a civil claim. Therefore, a wrongful death claim can be brought even if the circumstances surrounding the accident also result in criminal charges, such as manslaughter or reckless homicide. More on this website

Wrongful Death Compensation

Although a price cannot be placed on the value of an individual’s life, there are several forms of financial compensation that may be available to those left grieving after a negligent driver causes the death of a loved one.

When juries determine the amount to award in a wrongful death lawsuit as a result of a fatal car accident, evidence such as the cost of medical and funeral expenses and the loss of the decedent’s wages or financial support. Compensation may also be awarded for pain and suffering as well as the loss of companionship.

The rules regarding compensation are slightly modified if it is the decedent’s personal representative who brings the lawsuit. For example, a personal representative may not recover from pain and suffering. Additionally, financial awards in a wrongful death lawsuit are subject to the debts and liabilities of the decedent if a personal representative brings the claim, while this is not the case if it is a surviving family member who brings the claim.

Because of the nuances involved in determining a wrongful death award, an attorney skilled in this area is vital. A qualified attorney will know exactly which amounts to ask for in a wrongful death lawsuit.

If you’ve lost a loved one in a car accident due to a negligent driver, you need the help of our experienced car accident lawyers. Call us toll-free or email us today.

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

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Bankruptcy Debt? Is Bankruptcy Better Than Debt Settlement?

Bankruptcy debt may cause you to become overwhelmed. There are hope and more than one option open to you. Some will have fewer consequences but not all the benefits you may need in your current situation. Depending on your circumstances, you may be able to choose a debt settlement program to reduce your debt by 50% or you may need to file chapter 7 or 13 bankruptcy debt.

If you are interested in debt settlement you will need to contact several trusted agencies that can offer you advice as to how to do this properly, especially in cases where you are not quite sure about how to approach the situation. If you are trying to negotiate with a creditor you will find they will not reduce your balance if you are still making your minimum monthly payments; however, when those payments stop is when you will have better chances of a settlement and reducing your debt by a significant amount. You will receive the best benefits using a reliable and established debt settlement company. bankruptcy attorneys san antonio

If this is an option for you, you will definitely want to be sure that you are able to thoroughly research several debt settlement companies. You will want to compare fees, and their particular routines in order to know you are working with the right company for you. It is suggested that you only work with companies that have positive ratings and are well known to be legitimate organizations that are able to do what they promise you and the creditor. For more information about Bankruptcy Attorneys San Antonio click here

You may of course find that bankruptcy is more appropriate for your situation, and a debt settlement company might well recommend this after looking at your finances. This is a big step and does have consequences you should be aware of. If you have looked into your other options then bankruptcy may be the route you will need to go. There are two types of bankruptcy debt claims available to you; these are Chapter 7 and chapter 13. One will most likely be a better fit for you than the other.

With chapter 7 bankruptcy debt you will find that this is a liquidation of your assets. Chapter 7 bankruptcy is best for you if you have very little assets besides your basic needs such as clothing and furniture. This is probably the best option if you find that you have no money left after paying basic expenses each month if you even have enough to pay all these expenses or have very little money left. This is a fairly quick process.

The chapter 13 bankruptcy debt will be best for people who have a lot of property and assets they want to keep. This bankruptcy is best if you have enough money to pay your housing bills but not enough to pay all of your credit debt after the bills are paid.

A good debt company will be able to advise you on the best option for you after examining your situation in detail. You can apply quickly online and an advisor will then contact you to find out more. It is sensible to apply to more than one company before making a decision.

Find out more about bankruptcy debt on the author’s website, which offers free advice on how to pay debt off , including recommendations for the most reputable debt settlement program and help with debt management, budgeting, and loans.

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Drowsy Driving: Dangerous, Deadly, and Difficult to Identify

According to the Department of Energy, the average car in the United States tips the scales at just over 2 tons. That’s 4,000 pounds of metal, rubber, and gasoline hurtling down the nation’s roadways and highways. Under the best of circumstances, operating a vehicle is the most dangerous thing the average person does on a daily basis. When people operate a vehicle while drowsy, the danger increases dramatically.car accident attorneys

Under-Reported Drowsy Driver Accidents

The National Highway Traffic Safety Administration (NHTSA) reports that even though drowsy driving is difficult to identify as the cause of car crashes in many situations, at least 40,000 people are injured every year as the result of drowsing driving, while another 1,550 are killed.

However, the NHTSA cautions that drowsy driving could be a much larger problem than the current evidence shows. The agency reports that drowsy driving is an under-reported car crash cause, and that crashes attributed to drowsy driving do not include driver inattention, which may also result from tired or sleeping drivers.

Testing, Reporting, and Contributing Factors at Play

Part of the problem in identifying accidents caused by drowsy drivers is the lack of appropriate tests. Unlike drunk driving, for example, there is no machine or testing procedure that can readily identify drivers who drive while sleepy.

Further, there is no standard set of reporting practices between states when it comes to drowsy driving. Though all state accident statistics include drowsy or fatigued driver information, police officers are often not trained to identify driver fatigue.

Beyond that, there are numerous inconsistencies in state codes that address drowsy or fatigued drivers. Two states, Missouri and Wisconsin, have no codes that address drivers who fall asleep behind the wheel or who cause accidents because they are fatigued or drowsy.

International Numbers Sobering

However, there is some data to indicate that drowsy driving might be a far more common cause of car crashes in the United States than we realize. Several European nations, such as Finland and England, as well as Australia, all have far more uniform and consistent crash reporting procedures than the disparate procedures used in the various states. The figures from these countries show that drowsy or fatigued drivers are the cause of anywhere from 10 to 30 percent of all automobile crashes. If the foreign statistics are representative of car crashes in the United States, it could mean that drowsy drivers cause anywhere from 550,000 to 1.65 million car crashes each year.

Demographics Skewed Toward Younger Drivers

Not all people are at the same risk of being involved in a drowsy driving accident. The National Science Foundation conducted a study that looked into drowsy driving. The study concluded that younger drivers—those between the ages of 18 to 29—were most at risk of being involved in a drowsy driving crash. Not surprisingly, the likelihood that a person will operate a vehicle while drowsy increases if the person is a parent of young children. Similarly, shift workers are more likely to drive while drowsy, and men are slightly more prone to it than women.

If you are a victim of a drowsy driver accident, get in touch with a local Personal Injury Attorney. You may have a case and should be adequately compensated for your injuries.

This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas

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