Can a Sibling File a Wrongful Death Claim?

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Personal Injury Lawyers » Can a Sibling File a Wrongful Death Claim?

If Your Brother or Sister has Been Wrongfully Killed in a Car Accident, You may Have Options to Bring a Claim Against Those Responsible

When a person is killed in a car accident in Texas, can a surviving sibling (brother or sister) file a wrongful death claim based on their deceased brother or sister’s death? The short answer is not exactly. Under the law here in Texas, people cannot normally file wrongful death claims based on their siblings’ deaths, although exceptions exist. Also, people can and often do act as the executors of their siblings’ estates and file claims that are similar and parallel to wrongful death claims – these are called survival claims. More about the practices of a top Houston car accident lawyer here.

When a brother or sister passes away due to an accident caused by someone else, surviving siblings are often left grieving, confused, and with no one to turn to. If your sibling is killed in an accident or due to someone else’s misconduct, turn to Our Law Office. We are veteran Texas injury lawyers with long track records of success for injured men, women, and children and their surviving family members.

Texas Law

Who can bring a wrongful death claim in Texas? The Texas Wrongful Death Statute defines the class of people who can: the deceased person’s surviving children, spouse, and parents. These three groups of people are the only three allowed to benefit from a wrongful death claim. They are known as the “wrongful death heirs.” So, if an adult man is killed in a traffic accident, his wife, children, and surviving parents if any can all be plaintiffs in the wrongful death claim based on his death. Minor children (kids under 18 years old) are incapable of bringing legal claims on their own and must be represented by someone in court: normally their living parent or another representative chosen by the court.

A Sibling’s Rights

So, siblings normally do not have the right to benefit from wrongful death claims when their brothers and sisters are killed. What rights do siblings have? Siblings often represent their deceased brothers’ and sisters’ estates in claims that are similar to wrongful death claims called survival claims. While wrongful death claims complain about the injuries the wrongful death heirs suffer personally (the harm is done to the parents, spouses, and children), survival claims complain about the harm done to the decedent (deceased person). The decedent’s own injuries are said to survive the decedent’s death and form the basis of the survival claim.

Wrongful Death Lawsuit Attorney

Also, the Texas Wrongful Death Statute requires estate representatives to file wrongful death claims on behalf of the wrongful death heirs if the heirs themselves do not do so unless all the wrongful death heirs ask the estate representative not to. So if a sibling represents an estate, the sibling not only can but must file a wrongful death claim.

Interestingly, when a sibling-executor files a survival claim and a wrongful death claim, those claims do not necessarily benefit the sibling. The proceeds from a wrongful death claim still benefit the wrongful death heirs, even if the executor brings the claim. And the survival claim benefits whoever the decedent selects in his or her will; with no will, the laws of Texas intestate succession govern who gets what from the decedent’s estate, possibly the siblings and possibly not.

Our Law Office

Our Law Office can help you and your family makes sense of these complicated issues regarding wrongful death cases. Each case is different: trust a lawyer with skill in this area to advise and represent you for accidents and wrongful deaths. Trust Our Law Office and our team: you can reach us at toll-free.

San Antonio 18 Wheeler Accident Lawyers

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San Antonio 18 Wheeler Accident Lawyers

Truck accident injuries are both common and severe. The size and weight of a large truck or tractor-trailer, along with the tendency of the trailer to overturn or “jackknife”, means that injuries suffered in a truck accident can be particularly catastrophic. Brain injuries, amputations, broken limbs, and paraplegia frequently result from these accidents.  If a semi-truck happens to be carrying hazardous or flammable materials, the dangers only multiply. Burns can further compound a victim’s injuries, and respiratory problems can occur if toxic cargo is inhaled during the collision. These factors contribute to the unfortunate reality that many 18 wheeler accident injuries can be fatal. Victims of truck wrecks who survive are often left with lifelong disabilities that may impact their ability to earn a living and accomplish everyday activities. More info on this website

Because 18 wheeler accident injuries can have such dire consequences, establishing the cause of the accident and who is to blame is important. Compensation may be needed to pay for expensive medical bills, loss of income, property damage, and sometimes the pain and suffering caused by losing a loved one. An immediate investigation of a tractor-trailer accident is critical to preserve evidence relevant to any accident claim. The semi-trucks maintenance records, the driver’s log book, the truck’s “black box,” which records data before, after, and during the crash, and any eyewitness accounts, can all play a key role if a personal injury victim brings a lawsuit. A thorough investigation will also evaluate any prior violations of relevant trucking regulations on the part of the trucking company or driver that may have contributed to the truck wreck. An injured victim cannot be expected to collect all of this information. An attorney with experience in truck accident injury cases can be invaluable. A law firm with access to medical experts and other specialists will be able to prepare a more effective case and recover necessary damages.

If you have been involved in a truck wreck and suffered severe injuries, you have a  right to determine who was at fault – and to hold them responsible. Injuries caused by a truck accident can alter your life permanently, so obtaining compensation can be critical to securing your future. Our Law Firm has experience handling truck accident injury cases. If you or a loved one has been injured or killed in a truck wreck, contact the personal injury lawyers at our Law Firm today. For more information on trucking accidents in Texas, please review our Trucking Accidents page and Trucking Accidents Frequently Asked Questions (FAQs). If you or a loved one has been injured in a truck accident, please fill out our online Vehicle Accident Evaluation Form.

Crashes Caused by Speeding Truck In San Antonio

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Crashes Caused by Speeding Truck In San Antonio

Truck drivers who speed or travel too fast for road and weather conditions are most likely the biggest cause of truck crashes. Our excellent personal injury lawyer is going to know how to figure out if speed became a contributing factor in a truck crash. If exceeding the speed limit brought on the accident, a law firm should do their best to recover comprehensive compensation for the client.

Find a legal professional with years of practical experience with truck accident cases.
If you’ve been hurt because of a truck accident, speak to a law firm that can investigate your case and decide if the speed of the truck would have been a contributing factor.

Types of Accidents Caused by Speeding Trucks:

Inability to stop and prevent a collision
Driving too fast on rain-slicked highways, hydroplaning
Jackknifing because the driver lost control
Flipping due to the fact the driver lost control of an overloaded truck while driving too fast
Colliding with a car ahead
Losing control and leaving the roadway

A lot of speed-related incidents are a result of a combination of factors such as a driver hurrying to meet a delivery deadline. Speed also exaggerates the consequences of other causes. Brake failure combined with excessive speed will be much more hazardous than brake failure at regular speeds. A tire blowout at high speed can make a truck more difficult to manage than it would be at a lower speed. A tired driver who travels too fast is more likely to lose control of the truck. Most of the time, the law firm should check out the motorist’s record for speeding violations, use an accident reconstructionist, video the scene, and analyze the damage to the truck to uncover proof of too much speed.

A skilled personal injury lawyer will interview witnesses and talk with first responders. Furthermore, the personal injury attorney should review the driver’s log to determine if the trip distance was in line with posted speed limits. Following a thorough evaluation, the lawyer can determine whether too much speed was a contributing factor to the incident which resulted in the client’s injuries. The personal injury attorney should then do their best to recoup full compensation for the client’s healthcare fees, lost earnings, and damages for personal injuries. Speak with a good personal injury attorney who knows how to investigate accidents caused by speeding trucks. Find a Personal Injury Attorney immediately if you have been hurt by an auto collision. A Car and Truck Accident Lawyer may be able to help get you the compensation you deserve.

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