The death of a family member in a car crash is one of the worst things imaginable.
One minute they are driving home from work. The next minute, your world is turned upside down by someone else’s bad driving. After the funeral, the initial shock begins to wear off, and the legal questions begin to mount:
- Who pays for the funeral?
- Who is held responsible?
- What about the income your family just lost?
This is the reality thousands of families confront each year. NHTSA estimates 39,345 people died in motor vehicle traffic crashes in the U.S. in 2024 alone.
Here is what you need to know…
Here’s what’s covered:
- The Immediate Aftermath of a Fatal Crash
- Who Can File a Wrongful Death Claim?
- Pain and Suffering Damages Explained
- The Steps to Take After a Fatal Crash
The Immediate Aftermath of a Fatal Crash
The first few days after a fatal car crash are a blur for most families.
You are juggling grief, funeral arrangements, police reports and insurance calls all at once. In the background, critical deadlines are silently passing.
Texas experienced 4,150 traffic fatalities in 2024. Every single one of them, immediately started a clock for the surviving family. The most important thing to know is this:
You don’t have to figure all of this out alone.
A qualified Dallas car accident law firm will take on the legalities while your family grieves. They will review the police report, interview witnesses, and begin building the case for pain and suffering damages and other losses.
Things you should NOT do in the first few days:
- Sign anything from an insurance company
- Give a recorded statement to the at-fault driver’s insurer
- Accept a quick “settlement” offer
- Throw away the deceased’s belongings from the crash
These are things insurers count on grieving families doing. Don’t fall for it.
Who Can File a Wrongful Death Claim?
Not everyone can file a wrongful death claim in Texas.
Texas has very limited statutes regarding who may bring a claim in the event of a wrongful death motor vehicle accident. The right is typically extended to:
- The surviving spouse — husband or wife of the deceased
- Children — biological and adopted kids
- Parents — biological or adoptive parents
Brothers, sisters, grandparents and other extended family CANNOT file in Texas. Many people do not know this.
If no other eligible family member files within 3 months of the death, then the executor of the estate may file a claim. However, there is a 2-year time limit (called the statute of limitations) in most cases. If it is not filed by then, your family cannot recover.
That’s why getting legal help quickly matters.
Pain and Suffering Damages Explained
This is the part most families have the hardest time understanding.
Pain and suffering damages refer to monetary compensation for noneconomic damages. In other words, these are not damages such as medical bills or lost earnings where you can just grab a calculator and come up with a total. Pain and suffering damages are for the emotional and physical distress your family has been caused to endure as a result of the crash.
In a fatal crash case, pain and suffering damages can include:
- The pain the deceased experienced before they died
- Loss of companionship for the surviving spouse
- Loss of love and guidance for the children
- Mental anguish suffered by the family
- Loss of household services and care
How much are these worth? It depends. How long the person suffered, their age and the conduct of the at-fault driver all play a role.
Pain and suffering damages can sometimes be the largest single piece of the settlement pie. Insurance companies understand this. That’s why they try so hard to settle before you know how much your case is worth.
How Insurance Companies Try To Minimise Pain and Suffering
Insurance adjusters do not have your back. They are there to pay your family the least amount of money.
Common tactics they use:
- Offering a low settlement within the first 2 weeks
- Asking questions designed to shift blame to the deceased
- Requesting medical records they don’t actually need
- Delaying the claim hoping you give up
Don’t fall for it. Every conversation with the insurer should go through your lawyer.
Other Damages You Can Recover
Pain and suffering is only one component. A wrongful death claim in Texas can also recover:
- Funeral and burial costs — the full cost of the service
- Medical bills — treatment between the crash and death
- Lost income — what the deceased would have earned
- Loss of inheritance — savings the family would have received
- Loss of benefits — pension, health insurance, retirement
All this can total, particularly when the deceased was the primary breadwinner.
The Steps to Take After a Fatal Crash
Knowing what to do (and in what order) can make a huge difference to your family’s case.
Step 1: Get the Police Report
The accident report is the basis for everything. It will list the people involved, the officer’s opinion, and any citations given. You can obtain a copy from your local police department.
Step 2: Don’t Talk To Insurance Companies
The insurance company for the driver who hit you will likely call you in a couple days. They may sound nice and caring. But — they’re trying to find things to damage your claim. You can tell them you’ll be in touch with your attorney.
Step 3: Hire a Lawyer Quickly
The sooner a lawyer is involved, the better. Lawyers can preserve evidence and begin to track down important items such as:
- Surveillance footage from nearby businesses
- Black box data from the vehicles
- Phone records of the at-fault driver
- Toxicology results
Much of this evidence vanishes in the days following the crash, so speed is of the essence.
Step 4: Keep Records of Everything
Save all receipts, bills and documentation related to the crash and the death. This includes funeral expenses, medical bills, lost work for family members, and even therapy bills. All of these records are evidence of the value of your claim.
Final Thoughts
No family should ever have to experience losing a loved one in a fatal car accident.
It happens thousands of times a year on U.S. roadways. Although nothing can bring back the loved one you lost, holding the at-fault driver accountable can:
- Bring a sense of justice — to your family
- Cover the financial gap — left behind by the loss
- Send a message — that careless driving has consequences
Death by wrongful injury settlements can provide your family with pain and suffering damages, lost income, and other payments. It’s important to understand that these rights have statutes of limitation that must be managed carefully. Don’t try to battle an insurance company by yourself. Contact an attorney experienced in fatal crash lawsuits so your family can concentrate on recovery.
