If someone dies in a single car accident, the policy may have a death benefit clause.
The City of Austin data revealed 111 motor vehicle crashes last year resulting in 120 accident-related deaths. As of July 2022, there have been 58 fatal crashes resulting in 59 deaths. Austin roadways have become more dangerous with distracted driving, intoxication, and road rage incidents. Insurance is necessary to pay physical injuries, property damages, and associated wrongful death legal actions arising out of car accidents. Car accident victims should contact an Austin car accident attorney for guidance.
Negligence and fault
When death results from a car accident between two or more automobiles, multiple insurance policies will need to be reviewed for coverages and capped policy amounts, then legal action can be taken for a wrongful death action. Negligence will have to be proven, and degrees of fault assigned. Texas car accident lawyers can explain how monetary values for settlements are estimated based on:
- How old the deceased was: younger person would be higher settlement amount due to longer life expectancy.
- The earning capacity of the deceased: A person who was an attorney earning $200,000 per year may see a higher settlement amount someone who made $45,000 per year.
- The health of the deceased: A person in good health would be expected to live longer.
- The income of the person at their time of death.
- Age and circumstances of dependents: A person who leave children could realize a larger settlement than a single person with no dependents.
- Education and training of the deceased: Higher trained and paid professionals usually see higher wrongful death settlements than a person with only a high school education.
- Medical bills incurred
- Funeral costs
- Value of the deceased’s lost insurance or pension benefits.
In any successful wrongful death accident settlement, the damages must be supported by compelling evidence gathered by a professional team of economists and financial professionals.
Accidental death benefit
If someone dies in a single car accident, the policy may have a death benefit clause. Car insurance death benefits are usually paid out if an individual named in the policy dies because of a car accident injury stemming from traveling in the car to being hit by a car. These benefits will usually have a requirement that the death occur within a certain time after the accident, typically 90 days, and that the injured person be disabled from the time of the accident until their death. Car insurance death benefits will only pay out when it is clear the death was a result of an auto accident. Each policy will carry different exclusions to death benefits coverage, so be sure to consult your insurance agent or an insurance attorney with specific questions, and keep a look out for some common exclusions such as: job related death; uninsured person on policy; death from car repair or service; disease-related death unless caused by infection sustained from accident injury or similar circumstance; and deaths resulting from suicide, war, accidents with farm vehicles or trains that occur off public roads, or accidents caused during a car race.
Statute of Limitations
Texas has a two (2) year statute of limitations for property damage and personal injury claims, and wrongful death actions. This means if a driver, passenger, or passerby is injured or sustains property damage, or wrongful death occurs at the hands of a negligent driver, the victim must file a lawsuit within the two (2) year period following the accident or date of death.
Hire a lawyer.
Contact a professional attorney at Villarreal & Begum Law Offices for a free consultation as they can research specific case facts and interpret the law to support individual accident victim’s case best outcome toward compensation for car accident fatalities.
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