Commercial trucks are a common sight on Texas roads. While most truck drivers never get into an accident, collisions do happen. Unfortunately, injuries and property damage tend to be severe in truck accidents since the sheer size and weight of a semi-truck can cause a lot of damage. Fatalities can even occur.
The cause of a truck accident can vary from driver negligence to a lack of vehicle maintenance. In fact, an estimated 4% of truck accident fatalities are caused by poor maintenance. Regardless of the cause of the accident, you lost a loved one, and are probably wondering about recovering compensation for your damages.
What Can You Recover In a Wrongful Death Truck Accident Claim
What you can list as damages in a wrongful death claim depends on factors like the accident’s cause, who’s liable, and the damages you suffer. With that being said, some damages are common regardless of how the accident occurs.
Medical Expenses
Suppose your loved one survives the accident but passes away from their injuries. In that case, you may be able to claim their medical expenses, which can include costs associated with ambulance rides and ER treatment. If your loved one undergoes surgery or spends time in the ICU, these damages are typically covered by the at-fault party’s insurance.
Sometimes, accident victims require long-term care before succumbing to their injuries. If this applies to your situation, these costs can also be recovered in a wrongful death claim. However, before you can claim your loved one’s medical expenses, you will need to provide proof. This is usually done by submitting their medical records to the insurance adjuster.
Costs of a Funeral and Burial Service
Even if your loved one’s wishes include cremation, it still comes at a cost. You still need to purchase an urn for the ashes, even if you’re planning on scattering at a favorite location. If you’re planning a funeral or burial service, you should expect costs to be well in the thousands of dollars. The average funeral runs around $8,000 and this doesn’t include a casket or cemetery plot.
Loss of Income
If your loved one is the primary or sole earner in the family, the loss of their income can be financially devastating. While recovering loss of income as damage doesn’t bring your loved one back, it can leave you on more secure financial footing.
Some of the damages you may be able to claim include loss of income and potentially any financial bonuses that are part of your loved one’s work contract. A quick note, if your loved one typically brings home a Christmas bonus or something similar, you probably can’t include it in your wrongful death claim. This type of bonus is considered a gift and isn’t part of their work agreement.
Loss of Consortium
This damage typically only applies to the spouse but it can be broadened to include other family members like parents or children of the deceased. Loss of consortium is a fancy way of saying you’ve lost a dear friend and life companion. Basically, you’re filing a claim for the loss of their companionship.
Loss of consortium is considered a non-economic damage which is a little harder to calculate than medical expenses of lost wages. With economic damages, you can tally up receipts, bills, and pay stubs. Non-economic damages are intangible so it’s best to work with a wrongful death attorney. Your attorney can help you calculate non-economic damages like loss of consortium.
Who Can File a Wrongful Death Claim
You may consider a dear friend a family member but this doesn’t necessarily mean you can file a wrongful death claim. Most states, including Texas, have pretty clear laws on who’s eligible to file a wrongful death claim, and this includes spouses, parents, and children.
In some scenarios, siblings can also file a wrongful death claim. In a nutshell, only immediate family members can file a wrongful death claim after an accident.
Pay Attention to the Statute of Limitations
The statute of limitations refers to how long you have to file a wrongful death claim after an accident. While it can differ by state, Texas allows two years from the accident date. What happens if the statute of limitations runs out before you file your claim? There’s a good chance your claim will be dismissed and this means you can’t receive compensation.
If you lost a loved one in a trucking or another type of accident and negligence is the cause, you may be able to file a wrongful death claim. Contact an attorney to learn more about your legal options.