Texas Accident & Injury News
Fatal accidents are on the rise in San Marcos.
Warning From San Marcos Police After Fatal Accidents Rise
A Facebook post from the San Marcos Police Department warns drivers to exercise safe driving behaviors after a disturbing spike in traffic fatalities.
According to the post, San Marcos has seen a total of 13 fatal accidents resulting in 16 fatalities since January of this year. These accidents occur most frequently in two places: the intersection of I-35 and State Highway 123 and the intersection of I-35 and Highway 80. Both of these areas are under heavy construction right now, and officials warn drivers to slow down and put their phones away while driving in these areas to avoid further tragedy.
Did You Know?
Fatal crashes in San Marcos are up 40% to 50% this year, according to San Antonio Express-News.
Wrongful Death Claims in San Marcos
42,939 people died in auto accidents across the United States in 2021. The unfortunate reality of these tragic losses is that most of them were preventable — stupid, careless, and reckless mistakes cause most auto accidents across the nation.
When a family loses a loved one in an auto accident because of someone’s stupid mistake, the State of Texas allows for them to sue the negligent party for financial compensation in the form of a wrongful death claim. This blog will briefly overview how a wrongful death claim works in San Marcos.
Filing a Wrongful Death Claim in San Marcos
Filing a wrongful death claim is very similar to filing a personal injury claim. There are differences, however, like who can file and how long you have to file the claim after the tragedy.
Who Can File a Wrongful Death Claim in San Marcos?
The right to file a wrongful death claim automatically goes to the deceased’s spouse, children, or parents. These people can file a claim jointly if they prefer, or one of them may file the claim. This includes adopted children, as long as they were legally adopted by the deceased. However, a legally adopted child may not file a claim for their biological parent.
Some states allow for siblings or grandparents to file wrongful death claims, but Texas does not. If no eligible entities exist to file the claim, then an executor may file the claim.
How Long Do I Have to File a Wrongful Death Claim?
Generally speaking, eligible parties have 2 years from the day of the person’s death to file a wrongful death claim, according to Texas statute 16.003. There are certain exceptions to this timeframe, but this is generally true for auto accidents, pedestrian accidents, workplace accidents, and similar claims.
Contact our Wrongful Death Attorneys at Carabin Shaw for a free case evaluation to find out exactly what applies to your case.
Do I Need an Attorney for a Wrongful Death Claim?
While the idea behind wrongful death claims is straightforward, the legal complexities of wrongful death law and the circumstances surrounding your claim require expert help. When a person is grieving, their overwhelming emotions can cloud their judgment, especially after a traumatic and sudden loss.
Let us make sure the careless individual who caused your family member’s death is held accountable without overburdening yourself during your grief.
Hire Carabin Shaw’s Professional Legal Help for Your Wrongful Death Claim.
Our attorneys are compassionate, experienced, and stand ready to help you. Contact our firm today at 800-862-1260 or use the live chat at the bottom right of your screen to get started. We put our clients first because we care, so don’t suffer alone. We look forward to serving you.