Who Will Pay For My Car Accident Medical Bills?

That answer depends on who or what caused the accident, if you were partially at fault, and if the other driver is insured.

If you get hurt in an a car accident, you may wonder who is going to pay for your medical bills & treatment, how can personal injury law firm help you. An car accident injury settlement or a verdict at trial is great, but that doesn’t help you pay your medical bills now. This article will discuss how your car accident medical bills get paid on an ongoing basis. The simple answer is that it depends on the type of accident that you have, the state that you live in, and the type of insurance that is involved. Read on for the details.

Are My Medical Bills Paid in an Injury Settlement?

General Rule – The Defendant Does Not Have to Pay Your Medical Bills on an Ongoing Basis

The most important thing to know is that, if you get into an accident, you are generally responsible for the payment of your medical bills as you incur them. The only exception is car accidents in “no fault” states, discussed below. Even if the person who injured you is clearly at fault, the law does not require him or her to pay your medical bills on an ongoing basis. The only thing the law requires is that, if the other person is at fault, he or she must pay you damages to resolve your lawsuit — and in many cases, your medical bills are a part of those damages. But the defendant does not have to pay your medical bills as they come in.

Car Accidents – “No Fault” States

In a motor vehicle accident case, coverage of your medical bills depends on whether the accident happened in a “no fault” state or not. No fault insurance means that your automobile insurer will pay some or all of your medical bills if you get into a car accident, regardless of who was at fault for the accident. In some “no fault” states, there is a limit to what your own automobile insurance company will pay. The limit differs from state to state, but is generally $10,000 or less.

After your medical bills exceed the state’s ‘no fault’ limit, you are responsible for paying them. If you have health insurance, your health insurer will pay your medical bills. If you are on Medicare or a state-run health insurance program through Medicaid, those entities will pay the bills. If you do not have health insurance, Medicare, or Medicaid, then you are responsible for working out payment arrangements with your healthcare providers.

For more information about car accident laws and regulations specific to Texas, you can refer to this guide on window tint laws in Texas. It provides insights into the legal aspects of car accidents in the state.


Motor Vehicle Accidents – Non “No Fault” States

If you get into a car accident in a state that does not have no fault insurance, you will generally be responsible for paying your medical bills. However, some drivers in these states have medical payment insurance coverage (known as “med pay” coverage). “Med pay” coverage will pay the medical bills of drivers or passengers involved in a car accident with the insured, up to the insured’s “med pay” policy limits, which are generally less than $10,000. After your bills exceed the “med pay” policy limits, you will be responsible for paying them. “Med pay” coverage is not always required, so, if neither you, nor the person at fault, have “med pay” coverage, you are responsible for paying the bills.

Premises Liability (Slip or Trip and Fall Accidents)

In a premises liability or slip and fall case, the injured person will generally be responsible for payment of his or her medical bills, unless the premises owner’s property insurance policy has “med pay” coverage. If the premises owner has “med pay” insurance coverage, then his or her insurance company will pay the injured person’s medical bills up to the “med pay” policy limits. After that, the injured person is responsible for paying the bills.

Boating Accidents

Boating insurance policies rarely have “med pay” insurance coverage, so, if you get hurt in a boating accident, you will most likely be responsible for paying your medical bills.

Work-Related Accidents

If you get hurt in a work-related accident, your workers’ compensation insurer will pay all of your medical bills. In a work-related accident, you are not required to pay any money toward your medical bills. You do not have to pay any medical bills or deductibles. Further, many states require the workers’ compensation insurer to reimburse you for transportation expenses (mileage, tolls, and parking) for all of your travel to and from your medical appointments.

The Insurer That Pays Your Medical Bills Is Entitled To Reimbursement

If a health insurer, Medicare, or the state agency administering Medicaid benefits pays your medical bills related to your accident, they are entitled to be reimbursed for what they paid your health care providers.

Worst-Case Scenario

If you’re injured in an car accident, insurance coverage is not available, and it turns out that you don’t have a personal injury case — because it was your own fault, there is insufficient evidence, or another reason — then you’ll be on the hook for all your medical expenses. In this case, you have limited options, and you’ll probably have to cover the costs of medical treatment yourself. If you can’t afford the bills, you’ll need to turn to family and friends, or consider getting the debt discharged through bankruptcy.

Auto Accident FAQs

1. Are my medical expenses and legal fees combined?

Legal fees are not included in your medical expenses. While “No Recovery, No Fee” applies to legal costs, you will still be responsible for paying any necessary medical expenses out of pocket. If you sought medical attention at an emergency room following your accident and received a charge, it is your obligation to pay it; we cannot do so because it is not our bill. You may, however, authorize your personal injury attorney to reimburse the medical providers out of the final settlement or judgment.

2. Are there any hidden fees that I need to be aware of?

The terms of our fee structure are outlined in full when you sign your contingency fee agreement (No Recovery, No Fee) with our personal injury law office. There are no hidden fees or charges, and they are fully explained in paragraphs 1 and 2 of our Contingency Fee Agreement. We want our clients to have confidence in their attorneys to offer them with peace of mind and to ease their worries. Our priority is to get you the best possible outcome for your injuries and losses.

3. Can I repair my vehicle under my own insurance policy?

See Understanding My Insurance Policy

4. Do I get a rental car while my car is being repaired?

See Understanding My Insurance Policy

5. I was involved in a car accident who will pay my attorney fees?

If you are engaged in an accident, it will leave your vehicle in ruins, your body will be in excruciating agony, and you will be absent from work. As attorneys who specialize in personal injury law, we are familiar with the challenges that might emerge in the aftermath of a vehicular collision. As a result, we offer you a free first consultation so that we can collect all of the information necessary to make an accurate assessment of your case. After doing the analysis, we will determine whether or not we are willing to take on your case under the terms of a contingency fee agreement (No Recovery, No Fee).

6. Should I Call a Lawyer After My Car Accident?

Working with a vehicle accident attorney might help you obtain fair compensation that may surpass what the insurance company would provide you on your own. A car accident lawyer will assist you in presenting every element of your case to the insurance company or a judge. He or she may provide information that you would have overlooked if you handled the discussions alone.

The amount you paid will almost always be used to assess reimbursement for your auto repairs and medical expenditures. The lawyer will assist you in negotiating a fair payment for your pain and suffering. It is the insurance company’s responsibility to provide you the lowest acceptable settlement sum. That is how the organization maximizes its own income and profits. An insurance adjuster may attempt to demonstrate that you received needless therapy. They may claim that you were able to go to work.

If you’ve been harmed in a car accident, a lawyer can help you take the appropriate precautions to protect yourself. Everything relating to the accident must be documented. When a doctor can attest for missed work days and the treatment you got, you should be entitled to recoup your losses.

If you want to maximize your payout, you must do more than file a claim with your insurance carrier. An attorney can assist urge the insurance company to look into the situation further. A long investigation may be launched, and the payout will be negotiated with the insurance company by the personal injury lawyer. It is not always necessary to file a lawsuit in order to receive a settlement award for whiplash or any vehicle injury. The insurance company and your attorney may be able to strike a deal. If they don’t, you could have to go to court. A car accident lawyer can help you with your inquiries regarding suing following a vehicle accident.

7. What Does First Party Insurance Mean?

See Understanding My Insurance Policy

8. What does Third Party Insurance Mean?

See Understanding My Insurance Policy

9. What does Contingency Fee Agreement (No Recovery, No Fee) mean?

A personal injury lawyer who accepts a contingency fee arrangement promises not to collect any money up front. Lawyers who take cases on contingency receive their payment not from their clients but rather from the money they win for them.

Before beginning any legal representation, the client and practitioner will negotiate the contingency fee. As a result, there will be no unpleasant surprises when it comes time to pay their fee at the end of the case. There is some variation in the percentages that attorneys charge, but no two attorneys will charge more than 50%.

When taking a case on contingency, the lawyer takes on all financial risk. This is due to the fact that if the lawsuit is lost, the attorney will not be paid anything. An attorney’s fee is paid exclusively from the money won from the opposing party, thus the client incurs no upfront costs.

10. What is the Personal Injury Process?

  1. Seek medical attention immediately following a car accident. Even if you believe your injuries are minor, see a doctor since they may be more severe than you know.
  2. Gather documents from the doctor and the accident. Obtain a copy of any police reports you have submitted. Make a file or a notebook in which you may keep track of everything.
  3. Before long, an insurance company representative will call you and request a statement or force you to sign anything. Speak with a personal injury lawyer before making any statements or signing anything.
  4. Once you’ve enlisted the help of GoSuits, our car accident lawyers will collaborate with you to obtain more evidence. We’ll review everything you’ve gathered and consult your medical records. We may also go to the accident scene and interview witnesses. We may even consult with an accident reconstructionist in situations of serious injuries or exceptionally catastrophic events.
  5. Based on our findings, we will provide you an honest evaluation of whether you have a claim, how much your case is worth, and how to proceed.
  6. The next stage in the procedure is to file the lawsuit. While you may be hesitant to sue the guilty motorist, it is critical that you do so in order to send a message to the other party’s insurance company. It will also protect your rights if you do not reach an agreement before the statute of limitations runs out.
  7. Following the filing of a complaint or petition with the court, the court will issue a summons indicating when the defendant must answer. As the case progresses, both parties will undertake discovery, which includes interviewing witnesses, seeking documents, and answering interrogatories.
  8. We may reach an agreement to resolve the lawsuit during pre-trial hearings and talks. If that is in your best interests, we can reach an agreement to settle the dispute. However, if the matter does not settle, we will proceed to trial.

11. What should I anticipate from a car accident settlement?

The average settlement for an automobile accident is determined by a number of variables. A judge will consider the type of damage, treatment plan, length of therapy, loss of income, and the severity of the accident. Most settlements are only provided after the medical treatment has been finished. The amount of compensation you get will be influenced by permanent injuries.

Whether you’re dealing with an insurance company following a vehicle accident, let them know if you’re still undergoing medical care so you don’t settle for less than you deserve.

12. What Should I Do After A Car Accident?

GoSuits Law Firm assists clients throughout the state of Texas with various personal injury cases. Make the right choice and talk to an experienced personal injury lawyer by calling 844-Go-Suits or sending us an email at hi@gosuits.com after reading our Car Accident Help Guide to find out what the following stages are in pursuing your personal injury claim.

Please also see Understanding My Insurance Policy

13. Where does the average settlement for a car accident come from?

If you were hurt in a car accident, your insurance or the insurance of the other driver might pay for your injuries and damages. If the accident was your fault and you have collision coverage on your own car, the insurance company will pay a certain amount to fix your car. If the cost to fix the damage is more than the value of your car, the insurance company may say your car is totaled and give you a lump sum based on how much it’s worth.

When the other driver was careless and caused the accident, his or her insurance company should pay you for any losses, damages, pain, and suffering. The amount the company gives you might be a lot less than you expect. It is easy to get money back that you have spent. Pain and suffering are hard to put a fair price on.

14. Who pays for the expense of handling my case?

A contingency arrangement allows the personal injury attorney to pay for your case expenses as well. Once we have recovered a settlement, we will reimburse the legal firm for those expenditures. Personal injury claims are expensive. The money that the attorney needs to spend to collect the information needed to handle your case appropriately is one of the costs associated in personal injury litigation. The police department, for example, charges a fee to generate a copy of the police report, video of the collision, and police call record. Medical providers charge per page for the creation of your medical records. Filing a case in court costs money. Additional expenditures include, but are not limited to, deposition fees, investigation fees, mediation fees, and so on.

The nice part about working with GoSuits is that we handle the majority of these requests digitally in order to save you as much money as possible. For example, we ask for most of your medical documents and bills in digital format and pay a flat cost rather than a per page charge. The approach allows us to complete our evidence collection and analysis processes more quickly, which saves you money.

15. Who Will Pay For Your Medical Bills After an Accident?

If you are injured in an accident, you may be wondering who will pay for your medical care. An accident settlement or a jury verdict is excellent, but it won’t help you pay your medical costs right now. This post will go through how your medical costs are paid on a regular basis. The short answer is that it depends on the sort of accident, the state in which you live, and the type of insurance involved. Continue reading for more information.

(See Damages in an Accident Injury Claim for information on the compensation you’re entitled to in a personal injury claim following your accident, including money for medical costs.)

General Rule – The Defendant Does Not Have to Pay Your Medical Bills on an Ongoing Basis

The most important thing to know is that if you get into an accident, you usually have to pay for your own medical bills as they come up. The only exception is car accidents that happen in “no fault” states, which are presented about below. Even if the person who hurt you was clearly at fault, the law doesn’t say that they have to keep paying your medical bills. The only thing the law requires is that if the other person is at fault, he or she must pay you damages to end your lawsuit, and in many cases, your medical bills are a part of those damages. But the defendant doesn’t have to pay your medical bills as they come in.

Motor Vehicle Accidents – “No Fault” States

In a motor vehicle accident case, coverage of your medical bills depends on whether the accident happened in a “no fault” state or not. No fault insurance means that your automobile insurer will pay some or all of your medical bills if you get into a car accident, regardless of who was at fault for the accident. In some “no fault” states, there is a limit to what your own automobile insurance company will pay. The limit differs from state to state, but is generally $10,000 or less.


The coverage of your medical costs in a car accident lawsuit is determined by whether the accident occurred in a “no fault” state or not. If you have no fault insurance, your vehicle insurance company will cover some or all of your medical expenses if you are in a car accident, regardless of who was at fault. There is a limit to what your own motor insurance company will pay in several “no fault” jurisdictions. The maximum varies by state, although it is usually $10,000 or less.

You are liable for paying your medical expenses once they surpass the state’s “no fault” limit. If you have health insurance, your insurer will cover your medical expenses. If you have Medicare or a state-run health insurance program such as Medicaid, the costs will be paid. If you do not have health insurance, Medicare, or Medicaid, you must make payment arrangements with your health care provider

Motor Vehicle Accidents – Non “No Fault” States

If you are in an automobile accident in a state without no-fault insurance, you will be responsible for paying your own medical fees. Some drivers in these states, however, have medical payment insurance (often known as “med pay” coverage). “Med pay” coverage pays the medical expenditures of other drivers or passengers in an automobile collision with the insured, up to the insured’s “med pay” policy limitations, which are often less than $10,000. You will be liable for paying your expenses after they surpass the “med pay” policy restrictions. Because “med pay” coverage is not often needed, you are responsible for paying the expenses if neither you nor the person at fault has it.

Premises Liability (Slip or Trip and Fall Accidents)

Unless the premises owner’s property insurance policy includes “med pay” coverage, the injured individual is normally responsible for paying his or her own medical expenses in a premises liability or slip and fall case. If the property owner has “med pay” insurance, his or her insurance company will pay the injured person’s medical expenditures up to the policy limitations. The wounded individual is then accountable for paying the costs.

Boating Accidents

Boating insurance policies seldom include “med pay” insurance coverage, therefore if you are injured while boating, you will almost certainly be responsible for paying your medical expenses.

Work-Related Accidents

If you are injured at work, your workers’ compensation insurance will cover all of your medical expenses. You are not compelled to contribute any money toward your medical expenditures if you are injured at work. There are no medical expenses or deductibles to pay. Furthermore, several states require the workers’ compensation insurer to reimburse you for all of your transportation expenditures (miles, tolls, and parking) to and from medical visits.

The Insurer That Pays Your Medical Bills Is Entitled To Reimbursement

If a health insurance, Medicare, or the state agency in charge of administering Medicaid coverage pays your medical expenses as a result of your accident, they have the right to be repaid for the amount they paid your health care providers.

Worst-Case Scenario

If you are wounded in an accident and there is no insurance coverage, and it turns out that you don’t have a personal injury case — whether it was your fault, there is inadequate proof, or another reason – you will be responsible for all of your medical expenditures. In this instance, you have few alternatives and will almost certainly have to pay for your own medical treatment. If you can’t pay your debts, you’ll have to rely on family and friends for help, or consider filing for bankruptcy.

16. Will you also manage my property damage?

Yes, unless the responsible party refuses to accept culpability, we will handle your property damage claim for free. When the at-fault party refuses to accept responsibility, we must initiate a lawsuit against them. Following that, we will file a claim for your property damage, personal injuries, lost pay, and all other losses. This counsel is provided on the same Contingency Fee Agreement (“No Attorney Fees if No Recovery”).

Commercial Litigation FAQs

1. Are you a debt collection agency or a debt recovery firm?

No, we are a law practice that assists with the judicial recovery of business debts and court judgements, among other things. From the first discussion with debtors through the execution of judgments made against debtors in Texas and other states, our attorneys assist clients at all phases of commercial and judicial debt collection.

2. Do you handle collection of consumer debts against individuals?

Our primary focus is on the recovery of commercial debts and judicial arrears on behalf of businesses, contractors, and subcontractors. In most cases, GoSuits Law Firm does not take in debt collection matters involving individual customers who owe money on consumer loans.

3. How do you get paid for what you do?

The fees that GoSuits charges to handle a commercial debt or judicial collection case depend on many things, such as the type and amount of the unpaid debt, the status and assets of the alleged debtor, and how complicated the issues are. Depending on the specifics of each case and the facts, we may even be able to get back the costs and fees we had to pay to collect the debt. GoSuits Law Firm’s fees include hourly billing with monthly payments, flat-fee arrangements based on specific cases, contingency-fee engagements, and hybrid contingency-fee engagements. Depending on how the fees are set up, the client may have to pay for court costs and other costs related to the case. When you call GoSuits to talk about a possible collection case, an attorney can help you figure out which of the firm’s different fee structures works best for you.

4. What are the potential alternatives to judicial collection of a commercial debt?

The commercial collection lawyers of the GoSuits Law Firm are skilled in many facets of the commercial collection procedure, including debt restructuring through structured payment arrangements, UCC filings, asset attachment, and other business remedies. Despite the fact that the court system is one of the numerous options for recovering commercial debt, it is not usually the initial step and may not always be the best one. GoSuits’ commercial collection lawyers give clients advice on the appropriate course of action to take in each commercial and judgment collection issue in order to maximize recovery, and they then vigorously carry out that course of action.

5. Why shouldn’t I just hire a collection service instead of going through an attorney to collect on this debt?

The capacity of debt collection firms to retrieve unpaid debts is restricted. The multiple judicial procedures available in Texas can only be used by a professional attorney to help clients recover money. We could even be able to recover the charges and fees associated with the debt collection procedure, depending on the specific facts and circumstances of your commercial collection situation.

Defective Product FAQs

1.Is a lawyer required to handle my defective product case?

No. However, it can assist you in obtaining the greatest results for your claim. Large firms and manufacturers have formidable legal teams who strive to defend their earnings. A faulty product lawyer may assist level the playing field by advocating for a fair settlement that includes all of your injury-related expenditures, even if that involves going to court.

2. How long do I have to file a product fault claim?

You have two years in Texas from the date of your injuries to initiate a faulty product claim. But it doesn’t imply you should put off seeking legal counsel. Gathering the medical documents and data required to create a successful claim takes time, and each day you wait to seek legal counsel diminishes the amount of time a Dallas faulty product lawyer has to work on your case.

If you have been harmed by a defective product, contact the attorneys at GoSuits. We are here to assist you in obtaining the compensation you require for your physical damage, lost earnings, and medical expenditures. Call us today or fill out our free online form.

3. What is the value of my defective product case?

Several factors influence the worth of your case, including:

  • The extent of your injuries
  • The duration of your treatment
  • The amount of time you’ve been absent from work

At the GoSuits Law Office, we understand that every case is unique. When you contact us, a Dallas defective product lawyer will go over the specifics of your case and explain your legal options.

4. What is product liability?

Product liability is an area of law that holds companies accountable for designing, manufacturing, and marketing defective products that harm consumers.

5. Will I have to go to court?

No, not necessarily. A board-certified personal injury trial attorney from our firm will negotiate on your behalf with the firms that made, designed, or sold the product that injured you before your case gets to trial. You will not have to go to court if we achieve a reasonable settlement that covers the full costs of your injuries. However, if those corporations refuse to make you a reasonable deal, going to court may be your best option. We will keep you updated on every detail of your case, explain all of your options with you, and assist you in making the right decision for you and your family.

Truck Accident FAQs

1. But what if the trucking business’s insurance company offers me a monetary settlement if I do not hire an attorney? Shouldn’t I settle for what I can get?

Trucking company insurance carriers are in the business of paying as little as possible for claims made against them. You can practically guarantee that any settlement they give will be pennies on the dollar compared to what you can achieve with the assistance of a truck accident attorney.

2. Can any kind of lawyer assist me with an 18-wheeler injury accident lawsuit?

Most lawyers specialize in one area of the law. You would not engage a tax attorney to represent you in an 18-wheeler injury accident lawsuit. You should call an expert truck crash attorney in Tyler, Texas who is familiar with insurance companies, trucking rules, and medical expenditures.

3. How might an 18-wheeler accident lawyer assist me?

To defend their profit lines, insurance corporations and transportation businesses employ armies of attorneys, paralegals, and workers. An 18 wheeler accident lawyer in Dallas, Texas, works for you and can provide you with the greatest defense against these powerful institutions.

4. How much does it cost to hire an 18-wheeler accident lawyer?

We work on a contingency basis at The GoSuits Firm. This means that we only get paid if we win your case or secure an out-of-court settlement. We also provide complimentary consultations.

Call The GoSuits Law Firm at 844-Go-Suits if you or someone you know has been harmed in an 18-wheeler collision. Our courteous staff will ask you a few questions about your case before connecting you with an attorney who can assist you with your 18 wheeler accident damage claim.

5. My insurance company says I don’t need an attorney and that they would handle everything. Why should I choose an 18-wheeler accident lawyer?

Remember that insurance companies, like any other business, exist to earn a profit. If an insurance company pays full compensation, its “bottom line” suffers, hence it will do everything possible to limit the damage and harm. An expert 18 wheeler accident lawyer in Tyler, Texas strives to protect your rights, not the bottom line of the insurance company.

6. My insurance company wishes to obtain a statement from me on the accident. Should I accept this?

Certainly not. Some dishonest insurance adjusters will use your statement against you during the claims procedure. The best method to protect yourself is to direct any insurance company queries to your 18 wheeler accident attorney.

7. According to the police report, the accident was caused by mechanical breakdown on the vehicle. Is my case still open?

When you’ve been hurt in an 18-wheeler collision, there are several factors that might have contributed to the disaster. Mechanical failure on a tractor trailer can be caused by old tires, malfunctioning brakes, insufficient safety systems, or any number of other factors that might have been avoided if the trucking firm followed standard vehicle maintenance schedules. All of these are grounds for an 18 wheeler injury accident case.

8. What if the driver was intoxicated, high on drugs, or drowsy? Do any specific considerations need to be taken into account for my situation?

Truck drivers are prohibited by state and federal law from operating tractor trailers while under the influence of drugs or alcohol. Drivers must also take pauses to avoid sleepy driving, according to federal standards. If your truck accident lawyer discovers proof that the driver was operating under these conditions, your case against the trucker and his business will be strengthened.

9. What should I do if a trucking firm or its insurer contacts me?

You must not reveal any information to the transportation business, its insurance carrier, or the trucking attorney. You can instead recommend them to your 18-wheeler accident lawyer. A seasoned Tyler, Texas attorney knows which questions to ask and how to appropriately respond to them while still preserving your rights.

10. When should I consult with an 18-wheeler accident lawyer?

You should call an 18 wheeler accident attorney as soon as possible. The sooner you contact an attorney, the fresher the evidence for your case will be, and the higher your prospects of collecting compensation for your injuries will be. Accident reconstruction, data downloads from the vehicle’s “black box,” and scene investigation are all things that must be done quickly following a truck crash. If you wait too long to contact a truck accident lawyer, some of this evidence may be lost.

Wrongful Death FAQs

1. Contact Dallas Wrongful Death Lawyer Sean Chalaki Today

Sean Chalaki has collected millions of dollars in wrongful death compensation for Texas victims. If you believe you have a wrongful death claim following the tragic death of a loved one, contact Sean Chalaki today to discuss your case.

Sean Ckalaki can schedule a free consultation about your case whether you live in Dallas, Murphy, Carrollton, McKinney, Houston, Pasadena, Baytown, Sugar Land, Conroe, League City, or elsewhere in Texas. Simply call the Chalaki Law Firm at 844-Go-Suits or fill out the online form.

2. Does the Texas Wrongful Death Act cover adoptive parents, stepparents, foster parents, or grandparents as “parents”? What if the parents of a deceased kid are divorced?

Adoptive parents may file a wrongful death lawsuit for the death of their adopted child, but stepparents and foster parents cannot. Grandparents cannot also sue for the wrongful death of a grandchild. In Texas, divorced parents can sue for their child’s wrongful death.

3. How long does someone have to bring a wrongful death claim?

Wrongful death claims are subject to two statutes of limitations, which specify how long a person has to file a claim before filing one. The claim that the deceased individual may have brought has a statute of limitations. In most circumstances, that term in Texas is two years from the date of the person’s injuries. There is also a statute of limitations on your own wrongful death claim, which is usually two years from the day your spouse, child, or parent died.

If you believe you have a wrongful death claim, you should speak with an experienced personal injury attorney as soon as possible to avoid losing the claim.

4. I’ve heard of stories of “survival.” Is it the same as filing a wrongful death claim?

No. A deceased person’s heir or estate representative can make a personal injury claim that the deceased individual would have been allowed to assert if he or she had survived a tragic accident under the Texas Survival Statute. A wrongful death claim is a distinct claim for compensation made by the deceased person’s spouse, children, and parents in response to the loss of their loved one.

5. If I file a wrongful death claim, what do I have to prove to get compensation?

  • That you are a statutory beneficiary of the deceased. The spouse, children, and parents of the dead are statutory beneficiaries.
  • That the defendant’s improper behavior resulted in the death of the deceased individual.

6. My brother or sister was killed. Can I file a wrongful death claim?

No, unfortunately. Siblings cannot file a wrongful death lawsuit in Texas for the death of a brother or sister.

7. What about illegitimate or adoptive children? What about adult children?

The Texas Wrongful Death Act allows biological children of a deceased parent to file a claim. An adopted kid who has been formally and legally adopted may file a wrongful death claim against his or her adoptive parent, but not against his or her original parent.

Adult children may claim for their parent’s wrongful death.

8. What compensation is available on a wrongful death claim in Texas?

If a wrongful death lawsuit is successful, the plaintiff may be entitled to obtain both real and exemplary damages.

Actual damages include the following:

  • Financial losses include the deceased person’s earning capability as well as the worth of care, maintenance, services, support, guidance, and counsel he or she would have offered to family members.
  • Mental agony refers to your emotional grief, torture, and suffering as a result of the death of a family member.
  • The loss of good advantages resulting from the death of a family member, such as affection, comfort, companionship, and society.
  • Loss of inheritance, which refers to what the dead individual would have amassed and bequeathed to you if he or she had lived a regular predicted lifetime.

Exemplary damages are attainable in a wrongful death action where the defendant’s purposeful act or omission or gross negligence caused the person’s death.

9. What exactly is a wrongful death suit in Texas?

Historically, wives, parents, and children of someone died in an accident could not sue for the losses they incurred as a result of their loved one’s death in Texas. The Wrongful Loss Act modified that by establishing a new cause of action that allows these people to sue if they suffer genuine damages as a result of the death of their spouse, child, or parent.

After someone causes the death of their spouse, parent, or child, family members and the deceased’s estate can seek compensation through a wrongful death lawsuit.

10. What law establishes wrongful death claims in Texas?

Texas Civil Practice and Remedies Code Title 4, Chapter 71 serves as the basis for wrongful death and survival lawsuits in Texas.

11. Who is included in the definition of “spouse” for purposes of a Texas wrongful death claim?

Whether the couple’s marriage was formal or common law, a spouse can file a wrongful death case. Even if the spouses were separated when one of them was slain, and even if the surviving spouse remarried after the other’s death, the claim might be filed. At the moment, same-sex spouses cannot sue for wrongful death in Texas.

12. Will I be able to afford to hire a lawyer to represent me in a wrongful death lawsuit?

The majority of personal injury lawyers practice on a contingency fee basis. That is, the attorney is only compensated if your claim is successful. The charge is usually calculated as a percentage of your recovery. When the attorney accepts your case, the fee percentage and the management of fees and expenses to represent you will all be spelled out in a fee agreement. In general, if you do not win your lawsuit, you will not owe anything to your attorney.