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If you have lost a loved one in a fatal car accident, you may be struggling with grief and loss, as well as trying to manage the stress of medical bills, insurance claims, funeral arrangements, and more.
It can be heartbreaking to deal with both the personal loss as well as the financial hardship caused by a car accident death. Grieving family members may have the legal right to sue for wrongful death, and need an expert Austin wrongful death attorney to help them understand their rights and recover from their loss.
If you have been injured in a car accident, you may have the right to recover damages for your injuries. If a loved one or family member has died in a car accident, you may also be able to sue for wrongful death and recover damages from the other party. However, not every fatal car accident is a wrongful death. Here are some of the factors necessary for a motor vehicle wrongful death claim:
Driver negligence. Drivers have a legal obligation to drive responsibly and take reasonable care to prevent accidents. If a driver fails to take reasonable care, they may be guilty of negligence. Some of the actions that are considered driver negligence include:
Dangerous roadway. In some cases, fatal car accidents can be caused by dangerous road and highway conditions, and not by the actions of another driver. Dangerous roadway wrongful death claims in Texas are complex and can be difficult to prove. If you lost a loved one in a fatal accident due to hazardous road conditions, it’s important to talk with a qualified Texas wrongful death attorney to determine whether you have a claim.
Evidence. In the case of a fatal car accident, the victim cannot testify for themselves. Instead, the case relies on gathering a wide range of evidence, including:
The process of gathering evidence can be difficult and time-consuming, but it is absolutely necessary in order to prove a car accident wrongful death claim.
Worker’s Compensation & Personal Injury Lawyers in Austin, Texas
In Austin, Texas, finding a workers’ compensation attorney you can trust is essential after a workplace injury. At Aaron Allison Law Firm, trust isn’t just a word—it’s the foundation of every client relationship.
The legal rights of family members to sue for wrongful death vary from state to state. In Texas, only the parents, children, or spouse of the deceased are allowed to file a wrongful death claim. These family members are also allowed to file a claim on another’s behalf (a surviving spouse can sue for wrongful death on behalf of the children, for example). In some cases, the administrator or executor of the deceased’s estate may also be able to file a wrongful death claim on behalf of the family.
In Texas, there are three kinds of possible recovery for a car accident wrongful death claim. Here is an overview of the types of recovery possible:
A survival action claim makes it possible to begin a personal injury lawsuit when a person is injured in a car accident, and then, if the victim passes away, continue the same suit as a wrongful death claim. It ensures that the surviving family members are still allowed to recover all the damages they would have recovered if the victim had lived. The state of Texas has a statute of limitations on both personal injury and wrongful death claims, so it is important to speak with a qualified attorney as soon as possible.
For 50 years, my father, served as a trial lawyer to get just compensation for the people of Austin. At age 14, I began to take up the mantle to continue my father’s practice as a second generation trial lawyer serving Austin’s community. The strength of his legacy continues through its commitments to a communal presence, honoring that each case is as unique as the individual pursuing compensation.
Since 1978, the Aaron Allison Law Firm has been helping victims of car accidents and their families. We know how to fight for your rights, and hold negligent drivers accountable for their actions. Aaron Allison’s years of experience in Texas personal injury and wrongful death claims provides the expertise to understand your rights from the moment you were wronged, and guide you through the entire process. Contact us for a free consultation today.
Client Reviews
If your in an accident or have an issue with a workers comp issue Aaron Allison is the guy to call. He is the attorney who will get you everything you need plus will give you the right advise on what to do and how to do it. Mr. Allison will take time out of his day, which can be hours, talking to you and giving you valuable advise on your legal issues. He always calls you back and always remembers details of what you have discussed in the past. One of my favorite things about him is he is not your typical B.S. attorney your used to dealing with. He always talks to you in a honest and straight forward way and he always clarifies if you don’t understand. Very easy guy to talk to, who will fight tooth and nail for you and will always have your best interest at heart.
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When you schedule your free consultation with a personal injury and accident lawyer in Austin, Texas, it’s important to come prepared with any questions you may have. Here are some common questions clients often ask us:
To begin the process of filing a personal injury lawsuit, you should schedule a consultation with an experienced personal injury attorney in Austin. During the initial meeting, you will present the details of your claim to your attorney, including how your injury occurred, and the circumstances under which it occurred. If you agree to hire that attorney, then he or she will file a personal injury claim on your behalf, and the process will go from there.
It can take months, or, in some cases, years to settle a personal injury claim. The duration of the case will depend entirely upon the facts and circumstances of the claim. Some cases will take at least a year from the time the complaint is filed to settle, while others could take about six months. Talk to our Austin personal injury attorneys to get an idea of how long your personal injury claim could potentially take to settle.
In the state of Texas, a personal injury claim must be filed no later than two years after the date of the accident. However, certain circumstances can affect the statute of limitations for your injury claim. Consult with a Texas personal injury attorney to receive the most accurate information.
You should discuss this question with a personal injury attorney during an initial consultation. However, generally speaking, your attorney will start at a number which is higher than what you actually want. This number will include your medical expenses, lost wages, future lost wages, pain and suffering and other damages. By starting high, the insurance company may offer a lower amount, allowing you to meet in the middle at an amount closer to what you actually wanted.
Most personal injury lawyers operate on a contingency fee basis, meaning the lawyer’s fees for representing you will be deducted from your final settlement. You should always ask a personal injury lawyer what his or her fee will be during an initial consultation.
I needed an attorney, I had a fall at work and they basically denied my workman’s comp. My wife, she knew that we needed an attorney, and she really just jumped on it, pretty much. The long and short of it is we decided to go forward with it. In my experience with Aaron, he was everything that his reviews said and he did exactly what he said he was going to do. He kept in touch with me he kept my wife in the loop constantly. He fought to the very end successfully. For that...
My wife set everything up, she found Aaron, because I was in the hospital. It’s such a sea of B.S., you really have to talk to a bunch of lawyers to figure out which one is actually worth it. You have to be wary of who you are talking to when looking for an attorney. But not Aaron. Me and Aaron, we hit it off right from the get go. You can tell he’s a real person.
If you’re in an accident or have an issue with a workers comp issue Aaron Allison is the guy to call. He is the attorney who will get you everything you need plus will give you the right advise on what to do and how to do it. Mr. Allison will take time out of his day, which can be hours, talking to you and giving you valuable advise on your legal issues. He always calls you back and always remembers details of what you have discussed in the past. One of my favorite thi...
God forbid you ever find yourself hurt at work or play, hire him! I can’t say enough great things about Aaron and his team. They are reliable and attentive while at the same time fight hard to ensure a desirable outcome. It is awful to have to get an attorney, but Aaron made the process so much easier and less stressful!
Aaron, I appreciate all of the hard work. I know that you will not rest and you will not stop going after the people who hurt me. I am blessed and thankful for you and your staff. Thank you for stepping in and helping me get through this very difficult and life changing event. You always take time for me, you explain things to me, you never make me feel like I’m bothering you. I have never needed an attorney before and do not know or understand how things work. You are a g...
Worker’s comp was like year we’re denying that, we’re not responsible. I thought, that’s why I’m going to get a Worker’s Comp Attorney. I got a sit down consultation and then I was able to talk to it over. He said, if this is something you’re willing to do, I can definitely help. He explained everything real down to earth. This is what I was looking for, someone that could really help.
For 50 years, my father, served as a trial lawyer to get just compensation for the people of Austin. At age 14, I began to take up the mantle to continue my father’s practice as a second generation trial lawyer serving Austin’s community. The strength of his legacy continues through its commitments to a communal presence, honoring that each case is as unique as the individual pursuing compensation.
Admissions: admitted to practice law by the Texas Supreme Court, the Federal Court for the Western District of Texas, 5th Circuit Court of Appeals, and to the Supreme Court of the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Aaron Allison, who has vast legal experience as a workers compensation attorney.
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