wrongful death cases | Online Lawyer Network

Texas – March 31, 2021

Truck accidents often result in catastrophic injury and death, partly due to size discrepancies where a tractor trailer truck may weigh an average of 40 tons, which is much heavier than a passenger vehicle, and the height and length of a semi-tractor trailer can overtake the size of a car. Truck accident attorneys in Texas can assist with catastrophic personal injury, and wrongful death legal claims after an accident, but they must be filed with the appropriate court within the timeframe governed by the state, or federal government, called the statute of limitations. Because devastating injuries, as well as fatalities will cause lengthy emotional, physical, and financial recovery, it is important to ascertain who may be responsible for a truck accident and hire legal counsel to act against a negligent driver, trucking company, or manufacturer in the proper timeframe. Extensive medical treatments, loss of work and re-training for individuals who can no longer work in their pre-accident vocation may leave a family in financial ruin without taking legal action to seek compensatory damages. Talk to a skilled accident attorney about time-sensitive filing actions.

Failure to file by deadline.

Truck accident victims who fail to file a complaint within the state, or federal designated timeline risk case dismissal, and the inability to pursue damage compensation. It is important for truck accident victims to speak with an accident attorney shortly after the mishap so that lawyers have the right amount of time to file a claim and build a winning case, or seek a comprehensive pre-trial settlement.

Texas statute of limitations.

The statute of limitations, or time a person has to file a claim against another party is two years in Texas, with specific inclusions regarding wrongful death, medical malpractice and claims against 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.

Federal statute of limitations.

Truck accident cases may be filled in federal court depending on case-specific facts involving parties from different states known as diversity jurisdiction, or because a trucking company has more than one address in different states. The statute of limitations may be longer for personal injury cases filed in federal court. A truck accident attorney can apprise victims of the specific timelines regarding their case.

Rights after statute of limitations.

The Statute of Limitations allows for the court system to proceed in an orderly fashion. Collecting evidence, deposing witnesses, and filing claims would be quite difficult if there were no time restraints on lawsuits, so the statute of limitations sets a fixed time period for completing certain legal claims. There are situations where a tolling agreement will allow for pauses, delays, or suspensions of an initial time period to move ahead with personal injury legal actions. This provision extends rights past the normal statute of limitations time period, but has other conditions that may impact outcomes.

Consult with a Texas attorney.

Experienced Texas attorneys at the Cooper Law Firm can file a legal action for personal injury claims and wrongful death losses, as well as survivor’s insurance benefits related to truck accident harmful losses. An injury attorney is best suited to build a case utilizing complex trucking industry laws by addressing specific timelines, or statutes of limitations to file an action for recovery.

Cooper Law Firm

Mailing Address: P.O. Box 2222
Longview, TX 75606

Physical Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

Sources.

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm

https://www.fmcsa.dot.gov/

https://www.statista.com/statistics/191544/fatal-large-truck-crashes-in-the-us/

https://www.tdi.texas.gov/consumer/auto-insurance.html

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051

https://statutes.capitol.texas.gov/Docs/SDocs/CIVILPRACTICEANDREMEDIESCODE.pdf

Several laws in Colorado govern wrongful death cases and dictate how much surviving family members can receive, given they have a valid case. One law that family members who are entitled to damages should be aware of is Colorado’s contributory negligence law as it could impact how much they receive.

Understanding Colorado’s Contributory Negligence Law

If an individual suffered fatal injuries in an accident that was only partially their fault, while their loved ones can file a wrongful death lawsuit and potentially recover damages (i.e. financial relief), their award amount will be reduced. This is because Colorado, like many other states, follows a contributory negligence law.

While Colorado’s contributory negligence law does not bar certain family members from seeking damages on behalf of their loved one who would have otherwise been entitled to them had they still been alive, it does reduce the amount they are awarded. The law states that an individual can recover damages so as long as the decedent’s percentage of fault is “not as great as” the person who damages are being sought from.

If the decedent’s percentage of fault is less than the party who allegedly caused their death or contributed to it, then the amount awarded in damages would be reduced by this amount. For example, if certain surviving family members were awarded $500,000 over the wrongful death of their loved one, yet their family member was found to be 10% at fault for causing the incident that claimed their life, they wouldn’t be awarded the $500,000.

Instead, their initial award would be reduced by 10% and they would be left with $450,000.

What is the average payout for a wrongful death case?

There are many factors that must be taken into account before a wrongful death case can be valued. Therefore, the award amount does vary by case. Some of the factors that are often used to value a wrongful death case include:

Whether the decedent played a role in causing it to happen.
The number of surviving family members who are seeking damages and their relationship to the decedent.
How the loss has impacted the surviving family members’ lives.

The CO Wrongful Death Lawyers at Bryan & Terrill Law, PLLC Can Help Surviving Family Members Value Their Wrongful Death Case

If a family recently lost someone they love to a preventable accident in Colorado and they are looking to find out if they have a case and how much it is worth, they can contact Bryan & Terrill Law, PLLC for help with this and much more. The Colorado wrongful death lawyers at Bryan & Terrill Law, PLLC do offer free consultations and can be reached at 720-923-2333.

Bryan & Terrill Law, PLLC can be reached at:

333 W. Hampden Avenue, #420B

Englewood, CO 80110

Phone: 720-923-2333

Website: www.btlawdenver.com

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Texas truck accident victims must understand impacts of a statute of limitations on their case.