Insurance

How will insurance claims be settled after a fatal car accident in Austin, TX?

If someone dies in a single car accident, the policy may have a death benefit clause.


Data from the city of Austin revealed 111 motor vehicle crashes last year, resulting in 120 crash-related deaths. By July 2022, there had been 58 fatal crashes resulting in 59 fatalities. Austin Roads became more dangerous with distracted driving, drunkenness and road rage incidents. Insurance is needed to pay for physical injuries, property damage, and legal actions associated with wrongful death resulting from car accidents. Road accident victims should contact an auto accident attorney in austin for information.

Negligence and fault

Where death results from a motor vehicle accident between two or more automobiles, multiple insurance policies will need to be reviewed for coverages and capped policy amounts, and then a lawsuit may be filed for a wrongful death claim. . Negligence will have to be proven and degrees of fault assigned. Auto Accident Lawyers in Texas can explain how the monetary values ​​of settlements are estimated based on:

  • How old was the deceased: A younger person would receive a higher settlement amount due to their longer life expectancy.
  • Earning capacity of the deceased: Someone who was a lawyer and made $200,000 a year may see a higher settlement amount for someone who made $45,000 a year.
  • The health of the deceased: A healthy person should live longer.
  • The person’s income at the time of death.
  • Age and Circumstances of Dependents: A person leaving behind children may achieve a larger settlement than a single person with no dependents.
  • Education and Training of the Deceased: Highly skilled and paid professionals typically see higher wrongful death settlements than someone with only a high school diploma.
  • Medical expenses incurred
  • Funeral expenses
  • Value of insurance or pension benefits lost by the deceased.

In any successful settlement of a wrongful fatality, the damages must be supported by compelling evidence gathered by a professional team of economists and finance professionals.

Accidental Death Benefit

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If someone dies in a single car accident, the policy may have a death benefit clause. Auto insurance death benefits are usually paid if a person named in the policy dies as a result of a car accident resulting from a car trip that was hit by a car. These benefits will generally require that death occur within a certain time after the accident, usually 90 days, and that the injured person be disabled from the time of the accident until death. Auto insurance death benefits will only be paid when it is clear that the death was the result of a car accident. Each policy will have different exclusions to death benefit coverage, so be sure to consult your insurance agent or insurance attorney with specific questions, and watch for some common exclusions such as: work-related death; person not insured on the policy; death following the repair or maintenance of a car; death related to illness, unless caused by infection resulting from accidental injury or similar circumstances; and deaths resulting from suicide, war, accidents with farm vehicles or trains that occur off public roads, or accidents caused during motor racing.

Limitation period

Texas has a two (2) year statute of limitations for property damage and personal injury claims, and wrongful death actions. This means that if a driver, passenger or bystander is injured or sustains property damage, or if a wrongful death occurs at the hands of a negligent driver, the victim must file a lawsuit within two (2) years of the accident or the date of death. .

Hire a lawyer.

Contact a professional lawyer at Law Firms Villarreal & Begum for a free consultation, as they can research specific facts and interpret the law to support each accident victim’s best outcome toward auto accident death compensation.

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