If you lost someone you love in an accident with an 18-wheeler, grief can be overwhelming as you try to cope with the unnecessary death that would not have occurred unless someone was negligent. At Springer & Lyle, we understand what a difficult time this is for the entire family.
We know that no amount of money can make up for your loss, but if you were dependent on the income from your loved one to pay your rent or mortgage, your car payment, your groceries, or you have other damages, we may be able to help. You may consider filing a wrongful death lawsuit to collect for your damages.
What is a Wrongful Death Lawsuit?
According to Texas law, a wrongful death is one that is caused by a “person’s wrongful act of neglect, carelessness, unfitness, unskillfulness or default.” The surviving spouse, children, or parents of the deceased can bring a wrongful death claim against the person who was responsible for the death. They can file their claim together as a group or each one can file a claim individually.
In some states, surviving siblings may bring a wrongful death claim, but that is not the case in Texas. Surviving siblings are not listed in the Texas statute as ones eligible to bring such a claim.
Who Might Be a Defendant in a Wrongful Death Claim When the Accident was with an 18-Wheeler?
In a wrongful death accident with an 18-wheeler, the defendant may be:
- The negligent driver.
- The owner of the 18-wheeler trucking company if there is evidence of improper hiring, improper maintenance of the fleet, or other types of negligence that contributed to the accident.
- The municipality or state if improper road conditions contributed to the accident.
Damages to Which You May be Legally Entitled Due to the Wrongful Death
Those who are eligible for filing the wrongful death claim are entitled to collect:
- Medical bills the loved one incurred due to the accident.
- Burial and funeral expenses.
- Loss of income provided to them by the decedent.
- Loss of the decedent’s earning capacity.
- Potential loss of the inheritance they may have eventually been entitled to if the decedent had not been killed. This is based on life expectancy and what the decedent would have earned during his or her lifetime, and other factors.
- Loss of care, comfort, companionship.
- Emotional trauma and mental pain and suffering.
The personal injury attorneys at Springer & Lyle can help you evaluate 18-wheeler and wrongful death cases. Call 940.387.0404 for a free consultation.