Have you lost a loved one in a car accident due to reckless or negligent actions of another driver, a business, or other entity? Working with a Houston attorney for a wrongful death claim after a fatal car accident can help you to recover compensation for your loss. Whether the accident is due to a defective product or reckless driving, our Houston wrongful death lawyer Beverly R. Caruthers is here for you. She has more than 30 years of experience helping accident victims and their families file a claim to protect them. If you are dealing with the loss of a loved one, contact our law firm for a free consultation today.
What Is Wrongful Death?
Wrongful death is a type of legal claim that arises when someone dies due to the careless (negligent), reckless, or intentional act of another.
Wrongful death is a civil legal claim. So if someone is liable for wrongful death, they’re not facing criminal penalties. Instead, a finding of liability leads to an order to pay damages in the form of money. In some situations, a person can face both criminal prosecution and a civil lawsuit for wrongful death based on the same incident, but that’s a rare occurrence in the context of a car accident.
To bring a successful wrongful death claim, a plaintiff must usually prove:
- the existence of a duty of care; for example, all drivers have a duty not to operate a vehicle while under the influence of alcohol
- the defendant (the person being sued for wrongful death) breached this duty; continuing with our drinking and driving example, the plaintiff in that kind of wrongful death lawsuit would likely have to prove that the defendant was driving a vehicle with a blood alcohol concentration above the legal limit; and
- the breached duty caused the death of someone else; in our hypothetical DUI accident lawsuit, the plaintiff must show that if it weren’t for the fact that the defendant was driving drunk, the fatal car accident wouldn’t have happened.
Is There an Average Payout for Car Accident Deaths?
There is no readily available data when it comes to the average payout amount for wrongful death cases stemming from car accidents. Even if this information were available, it wouldn’t be that helpful, since every case is unique. It might be more beneficial to focus on the key factors that typically carry the most weight when it comes to the value of a wrongful death claim, including:
- Age of the decedent. If the decedent is a young child, it might make intuitive sense for a wrongful death claim to be “worth” more. But this isn’t usually the reality in the objective eyes of the law, because the accident doesn’t have as big of an effect as economic factors like lost earnings and lost household services.
- What the decedent did for a living. The more money the deceased person earned, the more the wrongful death claim is usually worth.
- The size of the decedent’s surviving family. If the decedent only had a spouse that could sue for wrongful death, the value of the case would likely be far less than it might if the decedent also had four young children.
- The decedent’s share of fault. In certain states, the decedent’s share of fault in the underlying car accident can have a big effect on how much money is recoverable by a wrongful death plaintiff.
- Amount of economic damages incurred because of the accident. This can include things like medical bills and funeral expenses.
- The details of applicable laws. State laws outline how wrongful death actions work, recoverable damages in a wrongful death case, and special limits or caps on the amount of money recoverable for wrongful death.
- Insurance policy limits. It won’t usually be the defendant that pays any wrongful death settlement or court-order judgment. Instead, it’ll be the defendant’s insurance company. But how much insurance coverage the defendant has will sometimes dictate how much money the plaintiff receives.
Another reason wrongful death compensation figures are elusive is that most cases settle before trial, usually with the settlement amount remaining confidential. In some situations, a “slam dunk” case is more likely to settle because the defendant knows they’ll probably lose. And they might get away with paying a slightly lower amount by settling early as opposed to taking their chances at trial.
But on the other side of things, a weak case might be more likely to settle because the plaintiff understands the long shot nature of the claim and is willing to accept a lower settlement amount to guarantee some sort of recovery.
Are you looking for a Houston Attorney for a Wrongful Death Claim After a Fatal Car Accident? Our team is here for you. Schedule an appointment with us to go over the details of your case and figure out what your options are moving forward.
Spanish Speaking Car Accident Lawyer in Houston, Texas
Spanish-speaking individuals can have a more difficult time seeking justice in their personal injury cases due to language barriers. This causes them to not take action against those who have left them with financial devastation and physical trauma. At the Law Office of Beverly R. Caruthers, our team refuses to let a language barrier affect your right to justice and compensation. If you or someone you love has been injured in an accident and is in need of Spanish-speaking legal advice, our team is here for you.
Personal Injury Lawyer in Houston, Texas
If you or someone you love has been involved in a car accident and suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!
Beverly R Caruthers Law Office
Address: 4141 Southwest Fwy, Suite 620
Houston, TX 77027
(713) 526-9557
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In the aftermath of an accident that leaves you or a loved one injured, it is crucial to know where to turn for support and justice. The Caruthers Law Firm stands as a beacon of unwavering commitment to the cause of pursuing justice for injury victims. With a track record that speaks volumes about our dedication to excellence and passion for our clients, we have garnered recognition throughout the Houston area as a trusted name in the legal community. When you or a family member suffers an injury due to the negligence of another, the need for an attorney who is not just competent but also recognized for their excellence becomes paramount. The Houston personal injury attorney at The Caruthers Law Firm fits that bill precisely. We have earned accolades and trust from our clients because we don not just handle cases; we champion causes. Our cases frequently involve traumatic, life-altering events, such as the loss of a loved one, and our relentless pursuit of justice ensures our clients receive the compensation necessary to secure their financial future. Our dedicated efforts have successfully secured over $50 million in settlements for our clients, and our commitment to excellence has brought us national recognition, particularly in fields like birth injury law. Whether your life has been upended by a tragic accident or the negligence of another party, you can confide in Caruthers Law Firm to handle your case with the utmost skill, dedication, and compassion in your time of need. Every case we undertake is treated with the gravity and importance it deserves, and we strive to provide the best possible representation to our clients. At Caruthers Law Firm, our attorneys boast an impressive array of knowledge and expertise in various practice areas, including personal injury, criminal defense, wrongful death, and more. We fully acknowledge that each case is unique, and we value the individual concerns and needs of our clients. This understanding leads us to craft tailored legal strategies that address each case is distinctive challenges. When you choose Caruthers Law Firm as your legal representation, you can expect a high degree of professionalism, unwavering integrity, and an unparalleled commitment from the beginning of your case to its conclusion. We are not just lawyers; we are advocates for your rights, dedicated to securing the justice you deserve.
For over three decades, Beverly R. Caruthers has been on an unwavering mission to provide her clients with top-notch, tenacious, and compassionate legal services and representation. Attorney Beverly R. Caruthers has not only amassed extensive experience but has also consistently delivered high-quality legal assistance to those who have sought her counsel. Her journey to legal expertise began with academic distinction, having graduated Cum Laude with a Bachelor of Arts from Tougaloo College, followed by the acquisition of her Juris Doctor from Thurgood Marshall School of Law at Texas Southern University. With a primary focus on Personal Injury, Criminal Law, and Business Law, Attorney Beverly R. Caruthers has honed her legal acumen in these pivotal areas. Complementing her knowledge and skills, The Law Office of Beverly R. Caruthers is fortified by a collaborative team of seasoned and highly qualified attorneys. Together, they work tirelessly to achieve the best possible outcomes for each and every client they serve. In the Caruthers family, the pursuit of legal excellence seems to be a cherished tradition. Briona Caruthers, following in the footsteps of her older brother and colleague, hails from Missouri City, Texas, where she graduated from Elkins High School in 2015. Venturing outside her hometown, she spent four years at Hofstra University in New York, where she diligently earned her Bachelor Degree in Legal Studies in Business in 2019. After her academic journey in New York, she returned to her roots in Houston, Texas. There, she attended the same illustrious institution where her mother, Beverly R. Caruthers, and her brothers, Eddie and Parker Caruthers, had studied—the Thurgood Marshall School of Law at Texas Southern University. In 2022, Briona graduated Cum Laude from TSU, thereby continuing the family legacy. Beyond her legal pursuits, Briona finds solace in retail therapy and enjoys exploring the world through her travels when she is not in the office, fervently advocating for her clients rights. Parker Caruthers, another member of the Caruthers family, was born and raised in Missouri City, Texas, where he completed his high school education at Clements High School in 2012. His educational journey took him to Texas Southern University in Houston, Texas, where he earned a Bachelor’s Degree in Marketing in 2017. Parker commitment to legal studies led him to the Thurgood Marshall School of Law at TSU, from where he graduated in 2021. During his time in law school, Parker legal prowess shone through as he secured victory in the Helen Dawn Williams Mock Trial competition, all while gaining valuable experience through internships at the Harris County District Attorney’s Office. Opting to take a different path by not pursuing prosecution, Parker joined Caruthers Law Firm in 2021. Beyond the legal realm, Parker passions extend to sports fandom and his role as a proud dog owner. At the Caruthers Law Firm, we take a refreshingly transparent and candid approach when assessing our potential clients circumstances. We believe in clear, honest, and direct communication, leaving aside the legal jargon to speak in terms that our clients can readily understand. Each client is treated as a unique individual, receiving personalized and attentive care throughout their legal journey with us.
We are immensely grateful to each and every individual who wholeheartedly contributed to the success of "The Christmas Toy Drive and Giveaway" and "The Back to School Giveaway" right here in the vibrant city of Houston. Your support has made a profound difference in the lives of countless local children, and it is a testament to the incredible community spirit that defines our city. At The Caruthers Law Firm, we take great pride in being active sponsors of these important initiatives, which focus on providing crucial resources to Houstons youth. Some of the recipients come from families struggling with limited income, making it challenging for them to provide the necessary school supplies for their children. For others, the prospect of a joyous Christmas was a distant dream due to a lack of toys. In these circumstances, we aimed to make a meaningful and positive impact on these children and their families. It is through the unwavering support and dedication of our local community that we were able to realize this vision. We encourage you to consider joining us in this noble cause and be a part of the change in the lives of Houston families. Your involvement can take various forms, whether through donating items, contributing funds, or taking the initiative to organize a collection drive within your organization, church, club, or local community. Your support will undoubtedly go a long way in touching the lives of those in need, ensuring that every child in our city can look forward to a brighter future. By working together, we not only provide essential items but also instill a sense of hope, compassion, and generosity within our beloved Houston community. Together, we can create a stronger, more caring, and inclusive community, one that continues to uplift and empower those who need it most. Thank you for being a part of this vital mission.
