The sudden loss of a loved one in a deadly crash brings a level of heartbreak few families are prepared to face. Along with profound grief, families are often left facing complex decisions they never expected to make. While no guide can ease the emotional weight of this loss, understanding the practical steps to take in the days and weeks that follow can help protect your family’s well-being and safeguard critical legal rights.
The following steps provide a supportive, grounded overview of what families in Texas should consider during this challenging time.
1. Preserve Evidence That May Be Critical Later
When a fatal crash occurs, substantial evidence can begin to disappear almost immediately. Vehicles are towed, debris is cleared, and electronic data may be overwritten. Preserving information early is crucial to determining what happened and who may be responsible.
Families can help protect key evidence by taking actions such as:
- Requesting the crash report number from law enforcement.
- Photographing the vehicles, roadway, and surrounding conditions, if possible.
- Gathering names and contact information of witnesses.
- Preserving any physical items from the scene that belong to your loved one.
- Asking that the involved vehicles not be destroyed or repaired until an attorney reviews them.
Our attorneys can also send preservation letters to prevent companies from discarding data, including black box information, dash-cam footage, and company safety records.
2. Be Cautious When Speaking With Insurance Companies
Insurance representatives may contact you promptly after a fatal crash. Their questions may seem routine, but their goal is often to limit the insurer’s financial exposure. Families are not required to provide recorded statements, accept early settlement offers, or answer detailed questions without legal guidance.
Before engaging with insurers, it is helpful to:
- Avoid discussing fault or assigning blame.
- Decline to give recorded statements without legal advice.
- Be wary of early settlement offers that may not reflect the full impact of your loss.
Protecting your family’s rights during these early interactions can make a meaningful difference in the outcome of a future claim.
3. Understand Whether You May Have a Wrongful Death Claim
Texas statutes give certain relatives the right to pursue a wrongful death claim if a loved one’s life is taken due to negligent or reckless behavior. These claims can help families seek accountability and recover financial support for the losses they have suffered.
Eligible family members generally include:
- The surviving spouse.
- Children of the deceased.
- Parents of the deceased.
A wrongful death claim may include compensation for funeral costs, lost future income, loss of companionship, and other emotional and financial impacts. In some cases, a related claim known as a survival action may be available to pursue damages suffered by the loved one before their death. Speaking with our attorneys early helps ensure your family understands which options apply to your circumstances.
4. Begin Identifying the Financial Impact of the Loss
A fatal crash can leave a family facing sudden and significant financial challenges. While the emotional toll is immeasurable, understanding the economic effects of the loss is an essential step in protecting your family’s future. This process is not about assigning a value to your loved one’s life. It is about ensuring your family has the resources needed to move forward.
Families may consider:
- Listing the household expenses the loved one helped cover.
- Collecting recent pay stubs, tax returns, or employment records to establish income and benefits.
- Noting any financial responsibilities your loved one handled, such as childcare, elder care, or transportation.
- Keeping track of out-of-pocket costs related to the loss, including funeral expenses or travel.
Many families are surprised to learn how these financial realities shape a wrongful death claim. Our attorneys can help evaluate the full economic impact, including future income, lost benefits, and the value of the loved one’s daily contributions to the household. Understanding these details early ensures that any legal claim reflects the true scope of your family’s loss.
5. Be Aware of Deadlines Under Texas Law
Texas places specific time limits on the ability to pursue legal action after a fatal crash. Missing these deadlines can prevent families from seeking compensation, regardless of how strong the evidence may be.
Important timelines include:
- A two-year statute of limitations for wrongful death claims.
- A two-year statute of limitations for survival actions, typically running from the date of the crash.
- Shortened notice deadlines if a government entity is involved.
Because evidence can fade and deadlines can approach quickly, speaking with an attorney as soon as possible allows your family to protect your rights without adding unnecessary stress during an already painful time.
Contact Glen Larson Law Injury Attorneys
Families do not have to navigate these steps alone. Glen Larson Law Injury Attorneys provides compassionate, knowledgeable support to families throughout Texas who have lost loved ones in fatal crashes. Our team is here to help you understand your rights, protect necessary evidence, and guide you through the legal options available to you.
If your family has suffered a tragic loss, contact Glen Larson Law Injury Attorneys for a free and confidential consultation. We are available 24/7 to guide you during this difficult time. Call 512-559-8577 or reach out online to speak with our team.
