What Survivors Must Consider When a Family Member Dies in a Defective Tire Accident

Our lawyers even more thoroughly appraise every wrongful death case to maximize its potential value when filing a claim on behalf of surviving family members. Any good personal injury or wrongful death attorney has this refined ability to correctly identify and calculate all the damages to which a client is entitled.

Your family’s lawyer must win the highest fair compensation to you – the family of the deceased – and prevent future similar accidents by bringing charges against all negligent parties. Under Texas civil law, defendants who are not held legally accountable for death under criminal law can still be held fiscally responsible for deaths they may have caused through a civil lawsuit for damages. Occasionally, our investigations into a tire-related wrongful death lawsuit arising from defective tires might reveal evidence that proves the death was the result of an intentional act. We then hand that information over to district attorneys if they wish to pursue criminal charges against the perpetrators.

Surviving family members in wrongful death lawsuits can win the same types of damages as accident victims who do not die. Damages not only for traditional injury but also wrongful death damages owed the surviving family members who lose a loved one in a tragic and needless defective tire accident. Only spouses, children, parents, and, in rare cases, dependent siblings are allowed to seek wrongful death damages in most Texas car accident cases. Damages often include the victim’s medical expenses prior to death, funeral expenses, and loss of future monetary support the deceased would have provided to his or her family. Damages may also include compensation for mental and emotional trauma to the family as well as the emotional loss of the unique familial love that the deceased victim can no longer share with the family.

The closest living relative may pursue survival damage compensation, with the spouse typically being the first one who can rightfully claim. If there is no spouse (in most cases, ex-spouses cannot file) the right to file for survival damages then passes to the children with the oldest being first. If there are no living children, the next in line are the deceased victim’s parents and, finally, fellow siblings.

A wrongful death suit is the only way to bring those who caused the death of your loved one to full civil justice. It is not unusual for some of the laws governing wrongful death to overlap with other, more general damages. This overlap can, at times, complicate the issue of appropriate compensation and is another reason why you need assistance by an experienced defective tire lawyer to win the fair value of the compensation you seek, either through a civil trial or insurance settlement.

For decades our Law Firm has helped many victims and their families of defective tire, blowout, or rollover accidents. If you or a loved one has suffered from such an accident, you should call us today at 1(210) 503-7870 to arrange for a free consultation with our team of experienced accident injury lawyers. We are adept at representing victims of wrecks caused by defective tires and blowouts. We can answer any of your questions about the specific details of your case and help you on the road to recovery.

Car Accident Attorneys – Personal Injury Law

Many people want to know the value of their auto accident case and, somewhat shockingly, will even choose their attorney based on the estimated value that the attorney gives their case. This is faulty reasoning. It is 100% impossible for any auto accident attorney to predict the value of what either an insurance company (during settlement) or a jury (after a trial) will place on their auto accident case. Jurors and insurance companies can pretty much decide what they want and there are no guidelines for them, other than courts sometimes overturn judgments that are too high (this is relatively rare but can happen).

Five Factors Considered By Insurance Companies During Settlement Negotiations

That being said, during the settlement process, which means before any trial, the insurance company will assess a variety of factors to determine how much to offer you. Among other things, they may consider the following five factors. more info on this website

1. Who Caused The Auto Accident?
First, they consider whether the other driver was clearly at fault. One example might be that the other driver ran a red light and smashed into your car. Lawyers would generally consider that a “clear liability” auto accident case.

2. How Bad Are Your Injuries From The Auto Accident?
Second, the insurance company will consider the extent and permanency of your injuries. If your injuries were minor or did not last for a long time, the value of your case may be lower. We rely on medical records to prove this second issue. So you need medical proof if you have serious injuries, which means you need treatment and cannot rely solely on your own testimony to establish the extent of your ongoing pain or disability.

3. Can You Prove The Above Two Factors During Any Trial?
Third, the insurance company will consider whether you are likely to be able to prove the first two factors during any trial. This involves the consideration of potentially hundreds of minor sub-issues, such as whether any critical evidence might be admissible at trial, or whether a key witness is available, just as a few of many examples.

4. How Do Your Witnesses Measure Up?
Fourth, the insurance company will consider the reliability and demeanor of all witnesses, including you. This means they will consider whether the jury is likely to believe any witness and/or like you.

5. Can They Beat Your Lawyer, Either During Pre-Trial or Trial?
Fifth, the insurance company will consider whether your lawyer has seriously prepared your case and done a good job (or not). They are less likely to give away money if they believe that they can beat your lawyer, either during any motions or appeals that they plan to file, or during the actual trial. Along the same lines, if they refuse to settle before any lawsuit is filed, they may further wait until any “dispositive” motions are filed. Dispositive motions are basically motions that the defendant can file to try to get the judge to throw your case out of court, such as motions to dismiss or motions for summary judgment. If the defendant is successful in these types of motions, then you cannot get to a jury (unless you win on a subsequent appeal, which may or may not make sense to file depending on the legal issue involved). So very often the settlement value will increase if you survive a motion for summary judgment in particular. But your lawyer’s success with other motions may also sway the defense counsel, such as motions allowing you to present very persuasive evidence. (In other news, the evidence laws alone fill books and present the basis for many potential arguments that can help or harm you, before and during the trial.)

What Do Jurors Consider During Trial?

If your case survives the pre-trial process and you get to a jury, which only happens in a small percentage of cases because most cases either settle or get dismissed before trial, then the answer depends on the opinions and attitudes of your particular jury. This actually can involve strategic questions about which county or state in which to file your lawsuit, if you have choices under the rules of procedure (which, like evidence rules, are also exceedingly complex and fill volumes of books), because different geographic areas are notoriously more or less favorable to plaintiffs. This again can involve many potentially critical motions filed and argued by your auto accident lawyer in court. Once you know your case will be heard by any particular jury, the value of your case depends on what they think of any evidence presented. Typically they consider the defendant’s level of fault, your level of contributing fault, and, again the extent and permanency of any injuries. They usually hear from you, the defendant driver, any witnesses to the accident, and any relevant experts. Your auto accident lawyer strategically may choose from a wide array of potentially admissible evidence to decide what might best sway the jury. And the auto accident lawyers often fight (on paper and during subsequent oral hearings) about whether the evidence code will allow various types of evidence.

So, as you hopefully see, your attorney cannot predict the value of your auto accident case. That being said, auto accident cases can range in value from nothing to hundreds of thousands or even millions of dollars in damages, in cases involving severe injuries with clear liability and (important) defendants with large insurance policies.

One Sad Thing
If you were injured by an uninsured driver with no personal assets or cash, and you did not have uninsured or under-insured motorist coverage yourself, then the value of your case is zilch, regardless of any other factors. You cannot recover what does not exist. For this reason, it is a very wise idea for all residents to add uninsured or under-insured motorist coverage to their automobile insurance policies. This coverage often proves crucial when people are seriously injured and need money to survive without the ability to work.

Final Piece of Good News
You can recover a lot of money for serious injuries if you hire a highly skilled auto accident attorney. If you have been injured in an accident, please call my office for a free consultation.