Texas is a “fault state” and the party found to be responsible for the accident will have to compensate the other party involved in the accident.
A multi-vehicle crash near Watson Road and E. Randol Mill Road between a Nissan Cube and a Toyota 4 Runner resulted in injuries to both drivers. They were transported to area hospitals where the driver of the Nissan Cube succumbed to her injuries three days later. The driver of the 4Runner s
uffered non-life threatening injuries and the accident is under investigation, but was believed to have been caused by the fatally injured driver’s action going through a red traffic signal. An investigation will be helpful to determine negligence and fault for the accident that will determine insurance coverages. Automobile accident attorneys at the Cooper Law Firm understand the stress involved in funeral planning and related concerns for an untimely death and may be able to facilitate insurance payments to address immediate costs of burial and funeral arrangements when death occurs. A Texas wrongful death lawyer can work with medical professionals, and other experts to determine causes and damage valuations after a fatal injury results from a car crash.
Time limitations and government entities
Texas statute of limitations for personal injury and wrongful death actions is two years from the time the injury, or death occurred. There is also a 180 day period to file a notice against a government entity regarding tort claims. There is a maximum amount that accident victims may recover depending on what type of government unit is being sued. The state and municipalities allow up to $250,000 per person and $500,000 per incident. All other levels of government allow for $100,000 per person and $300,000 per incident. Talk to a car accident lawyer when a driver is using their own vehicle while doing government business for work.
Insurance recovery
Texas is a “fault state” and the party found to be responsible for the accident will have to compensate the other party involved in the accident. Texas utilizes the 51% rule, whereby an injured person can be up to 50% responsible for an accident and still collect damages, but if an individual is 51% , or more responsible for the accident, there will be no recoverable compensation. Talk to a car accident attorney about how policy limits and coverages impact payout. In many cases drivers will have purchased a personal injury protection (PIP) policy that will cover:
- Medical expenses for 100% of necessary medical services, including ambulance, doctors, treatments, surgeries, diagnostics, medications, and health care provider fees.
- Death benefits are paid if the policyholder dies because of the car accident and may pay for funeral and burial expenses as well as medical expenses up to the point of death.
- Lost wages may be reimbursed up to 80% if the insured missed work because of an accident. Proof is usually required from the victim for this expense.
Wrongful death
When another driver’s actions cause fatal injury in an automobile accident, family members, or legal representatives must file a wrongful death legal action within two years and a Texas wrongful death attorney will assist with damage valuations and timelines specific to each case. Legal counsel with guide valuations for compensation that may cover medical expenses incurred up to the time of death, funeral and burial expenses, lost wages, pain and suffering, and punitive damages.
Hire a lawyer
If you have suffered the loss of a loved one who died in a car accident, experienced lawyers at the Cooper Law Firm in Arlington Texas will build a strong case for damages to pay for accident-related medical bills up to the time of death, current and future lost wages, and pain and suffering for loss of consortium, or companionship.
Sources:
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003
66-Year-Old Runs Red Light In Arlington, Later Dies At The Hospital
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm
https://statutes.capitol.texas.gov/docs/TN/htm/TN.550.htm
https://www.txdot.gov/inside-txdot/division/traffic/law-enforcement/crash-records.html
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