Can You File a Wrongful Death Lawsuit After a Crash That Kills Everyone Involved?

So how can you file a wrongful death lawsuit if the negligent party is also dead?

Unfortunately, some crashes in Texas are so bad that no one is able to walk away. These crashes kill everyone involved, leaving families with both psychological and financial issues. Primary breadwinners may be lost, leaving single parents with no way to feed their children or pay rent. In addition, the grief of losing a loved one can be tremendous, especially when you’re forced to pay exorbitant funeral costs and unpaid medical bills left behind by your relative. Fortunately, there is a way to address these issues. You can file a wrongful death lawsuit and receive compensation for the loss of your loved one. But how does this work if everyone in the crash lost their lives?

An Example of a Dual-Fatality Crash in Van Zandt County

On October 19th of 2022, it was reported that two vehicles had collided in Van Zandt County near Canton. Both drivers were killed by the collision, and the crash was reportedly caused by one of them veering into the wrong lane and into oncoming traffic. The driver who veered into the wrong lane was instantly killed in the head-on collision. The other driver was transported to a nearby hospital but succumbed to his wounds. 

Texas is a Tort State

So how can you file a wrongful death lawsuit if the negligent party is also dead? At first, it might seem like this is impossible. After all, the legal entity that represents the defendant no longer exists. You also need to understand that Texas is a “tort state” when it comes to car accidents. This means that you cannot simply file a claim through your insurance company and recover compensation without holding anyone liable for the crash. In order to receive compensation, you must hold a guilty party accountable and prove their negligence. 

Suing the Family Estate

But all is not lost. You can still file a wrongful death lawsuit against the negligent party’s family estate. In the above example, you could still be successful in this lawsuit because the negligent party clearly veered into oncoming traffic – causing the crash. The family members would likely not suffer much from this, as Texas makes it mandatory for all drivers to have insurance. The insurance policy would be “inherited” by the family estate, and the insurer would likely offer you a settlement for wrongful death. 

Where Can I Find a Qualified Accident Attorney in Van Zandt County?

If you’ve been searching for a qualified, experienced accident attorney in Van Zandt County, look no further than Cooper Law Firm. With our assistance, you can strive for the best possible results and receive compensation for the loss of your loved one. This settlement can cover things like funeral expenses, unpaid medical expenses, and the loss of future income. Book your consultation as soon as possible, because the statute of limitations may prevent you from suing if you wait too long. 

Sources:

1. https://www.kltv.com/2022/10/19/both-drivers-killed-2-vehicle-crash-near-canton/
2. https://wallethub.com/answers/ci/is-texas-a-no-fault-state-2140699321/

If you have further questions about this article or legal concerns call 800-672-3103