What to Do if a Loved One Dies in a Pedestrian Accident?

Nothing will ever take the place of a loved one who died in a pedestrian accident; however, you could receive compensation because of their death. Meeting with an attorney is the first step in determining if you can file a wrongful death claim on behalf of your loved one.

Pedestrian accidents happen far too often for entirely preventable reasons. Speeding, alcohol, drugs, distractions, failing to obey traffic laws and drive safely all contribute to pedestrian accidents. In 2019 alone, there were 5,952 accidents involving pedestrians in Texas. Sadly, over 650 pedestrians lost their lives in these accidents. If someone you love recently lost their lives in a pedestrian accident, you and your family could be entitled to compensation in a wrongful death claim. An experienced Round Rock wrongful death lawyer can help you determine if you have a case.

Meet with a Round Rock Wrongful Death Attorney

If you believe a loved one was fatally injured in a pedestrian accident due to the negligence of another person, you should meet with a knowledgeable Round Rock wrongful death lawyer as soon as possible. Texas has a two-year statute of limitations for wrongful death claims. Under this statute, you have two years from the date your loved one died to file a lawsuit. If you don’t file a lawsuit within that time period, you lose your right to legally pursue compensation. The sooner you talk to a lawyer, the sooner they can get started on your case to ensure that it is filed within the two-year deadline.

Understand Who Can File a Wrongful Death Claim

Under Texas Statutes § 71.001, a lawsuit for wrongful death could be filed if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes or contributes to the death of another person. If the victim could have filed a personal injury lawsuit for their damages had they lived, a wrongful death lawsuit is likely appropriate. 

Since the deceased person can’t represent themselves, someone needs to file the lawsuit and act on their behalf. Texas allows the surviving spouse, children (minor or adult), and the deceased person’s parents to file a wrongful death claim. Anyone of these individuals may file the claim by themselves, or a group of them may file it jointly.

However, suppose the surviving spouse, children, or parents don’t file a wrongful death claim within three months since the death. In that case, the personal representative or executor of the defendant’s estate can file the lawsuit instead. If one or more family members don’t want a wrongful death lawsuit filed, their request will be honored. A seasoned Round Rock wrongful death attorney can help your family determine who should file the lawsuit.

Call a Compassionate Round Rock Wrongful Death Lawyer Today

At the Elissa I. Henry Law Firm, we know how upsetting and shocking it can be to suddenly lose someone you love in an accident. Although we can’t bring them back, we could help make the future a bit more financially manageable through a wrongful death lawsuit.

Receive your free wrongful death lawsuit consultation by calling (512) 766-4529 today or completing our online contact form. We look forward to serving you.