Being involved in an accident can be a stressful experience. As a rule of thumb, no matter how minor your accident may seem, it is always wise to see a doctor right away. Delays in seeking medical attention could have a negative effect on your health and legal claim.
April 27, 2022
MY LOVED ONE WAS KILLED BY A DRUNK DRIVER. WHAT HAPPENS NOW?
The thought of a loved one being killed by a drunk driver is harrowing and devastating. Yet data from the National Highway Traffic and Safety Administration shows that a person is killed in a drunk driving accident every 52 minutes, on average. That data underlies a tragic reality: that the likelihood of death due to a drunk driving accident is statistically possible. Losing a family member in such an incident can be emotional and heartbreaking; such a loss can have far-reaching consequences on your mental, financial, and emotional health.
If your loved one was killed by a drunk driver, you have the right to pursue compensation by filing a wrongful death lawsuit against the party you believe to be responsible. At The Fostel Law Firm, I’m committed to offering outstanding legal services and compassionate representation in wrongful death cases. I can offer you the comprehensive guidance, support, and assistance you need during this critical period. As an experienced personal injury attorney, I can help you file a wrongful death claim and attempt to pursue rightful compensation to cover outstanding medical costs, lost income, funeral expenses, burial expenses, and loss of consortium. My law firm proudly serves clients nationwide, including Texas and the Southeast New Mexico area.
Criminal Charges for Drunk Driving
When someone is killed by an individual driving under the influence of drugs or alcohol, that driver may be charged with intoxication manslaughter. Under Texas law, intoxication manslaughter occurs if the person, while intoxicated, operates a motor vehicle in a public place, and because of that intoxication, causes the death of another by accident or mistake. Intoxication manslaughter is a second-degree felony, punishable by two to 20 years in prison and a fine of up to $10,000.
Why File a Wrongful Death Claim?
In Texas, a wrongful death lawsuit seeks to compensate family members for losses they will suffer because the person who died is no longer in their lives. These losses are calculated from the time of death until the end of the person’s expected life span had the injury or accident not occurred. Losses may include but are not limited to: loss of future wages, loss of companionship, and funeral expenses. While it won’t bring your loved one back, receiving financial compensation can provide the family with a boost to cover expenses and will hold the responsible person accountable.
Who Can File A Wrongful
Death Claim In Texas?
Under Texas law, the only family members who can file wrongful death claims are the deceased person’s spouse, parents, and children, including adoptive parents and children. Adopted children are not permitted to file a wrongful death claim related to the death of a biological parent, however. A parent may file a claim on the behalf of a child under the age of 18.
Statute Of Limitations
The statute of limitations for wrongful death suits in Texas requires the surviving family members of the deceased to file their claims within two years of the person’s death.
Liability For Drunk Driving
When a wrongful death occurs due to the actions of a drunk driver, the following people may be liable for damages:
Parents of a minor
The establishment or person that served the drinks
Potential Damages Available
When filing a wrongful death suit in Texas, there are several possible outcomes. If successful, the following damages could be awarded:
Medical costs incurred before the victim's death
Funeral and burial expenses
Lost earning capacity
Lost wages and benefits
Lost care, guidance, and support
Lost love or companionship
Punitive damages to punish and deter the at-fault party
Work With An Experienced Attorney
A loved one’s death at the hands of a drunk driver can have devastating, lifelong consequences on your financial, emotional, and mental health. I have devoted my career to protecting the rights of wrongful death victims and their families, especially in cases involving drunk drivers. If your loved one has been killed by a drunk driver, please do not hesitate to contact my Houston office today for a case evaluation.
When people are injured in motor vehicle accidents caused by another driver, they understandably have a lot of questions. I welcome questions. I believe my clients should understand personal injury claims when they are making them.
According to statistics from the Texas Department of Transportation (TxDOT), there were 552,224 total crashes in Texas in 2021, causing 137,535 possible injuries and 4,489 fatalities.