If a drunk driver caused the death of a family member, you might wonder what legal options you have. The civil justice system provides a way to hold the at-fault party accountable and seek compensation for your losses.
Understanding a wrongful death claim
In Texas, surviving family members file a wrongful death claim as a civil lawsuit against someone whose negligence or wrongful act caused a death. Drunk driving is illegal, and when it leads to a death, the law holds the person who was driving while intoxicated financially responsible for the harm they caused.
How a criminal case differs from a civil claim
A drunk driver who causes a fatal accident may face criminal charges, such as intoxication manslaughter. The state brings this criminal case and focuses on punishing the offender.
A wrongful death lawsuit, on the other hand, is a separate civil matter. The family files it to recover damages for the financial and emotional losses they have endured. Since these two legal processes are independent, a civil claim can proceed regardless of the outcome of the criminal case.
Types of compensation
After a successful claim, the family can recover various types of damages, such as compensation for medical bills and funeral expenses. Families can also recover financial losses from the death, such as lost income and inheritance. In addition, the Texas legal system recognizes the emotional toll of such a loss and allows for damages related to mental anguish, pain, and suffering.
A path to justice
When a family suffers the loss of a loved one due to a drunk driver, the devastation is profound. While no legal action can erase that pain, a wrongful death claim can be an important tool for justice. It represents a way to secure your family’s financial stability and honors the memory of the person you lost.