The age of the victim does affect wrongful death claims in Texas.
Senior Woman Killed in Fatal Accident on the West Side
According to a KSAT News report, a woman was killed in a car accident on Friday morning on the city’s West Side.
Police reported the incident occurred around 11:51 a.m. on April 27th on the 10500 block of Culebra Road. A 75-year-old woman was traveling down Culebra in a white 2014 Toyota Corolla when she attempted to make a left turn on a yellow arrow. A vehicle traveling through the intersection going the opposite direction was in the intersection at the time, and she crashed into them. The police report states the other driver had the right of way. The senior woman was hospitalized with critical injuries and later died at the hospital. The other driver suffered minor injuries but was taken to the hospital as a precaution. No charges are expected to be filed.
Did You Know?
1,030 people were killed in intersection accidents in Texas in 2022.
Explained: How Age Affects a Wrongful Death Claim in Texas
The worst-case scenario in an auto accident is the tragic loss of a loved one — yet it happens all too often.
One person was killed in an auto accident every 1 hour and 57 minutes in Texas in 2022. After an unspeakable tragedy like this, families often qualify to bring a wrongful death suit on behalf of their lost loved one.
The age of the victim will have a complicated effect on the wrongful death claim.
The Affect of Age on the Wrongful Death Claim
You can’t put a price on a life. Yet, families still deserve to be compensated after the untimely death of a loved one.
To calculate this compensation, the effect of the loss from the perspective of the family is taken into account, as well as future earning capacity and social status. As a result, the largest payouts are usually healthy, successful, middle-aged individuals with multiple dependants.
When seniors are involved, an argument is usually made that they are going to die anyway and are, therefore, not worth that much in settlement value. This is not a valid argument. Anyone can die if they are hit by a vehicle. An auto accident death is still an untimely death, even for a senior citizen. Additionally, while it is less common, a senior may still be caring for multiple dependants and be employed, which have far greater effects on settlement value than age.
The death of a child is similarly complex. Calculating future earning capacity is difficult in most cases, and they don’t have any dependants. Even still, settlement values for the loss of a child can be in the millions of dollars.
Age does indirectly affect wrongful death claims because how old you are usually determines many important life circumstances used to calculate settlement values. However, there are far more important aspects of a person’s life that will have a far greater effect on a wrongful death claim in Texas.
Have You Lost a Loved One in an Auto Accident? Call Carabin Shaw.
You could be entitled to significant compensation if you lost a family member in an auto accident. We can help you find out for free.
Carabin Shaw has represented those who lost precious family members in auto accidents across Texas for more than 30 years. We’re a trusted name in San Antonio because we put our clients first. Get the help and support you need for your wrongful death claim at 800-862-1260, or use the live chat to get started. We look forward to serving you.
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