According to the Texas Department of Transportation, nearly 1,000 Texans were killed in alcohol-related crashes in 2020 alone. This number is more than a statistic if your loved one died in a car accident caused by a drunk driver. It is devastating and overwhelming to lose a loved one in a preventable car crash. Many surviving family members are unsure of their legal options when they find themselves in this situation. Surviving families who have lost a loved one may pursue justice and financial compensation through a wrongful death claim or a survival action with the help of a wrongful death attorney in Houston.
Wrongful Death Claims in Texas
The surviving loved ones of someone who has died as a result of another party’s illegal or negligent actions have the right to file a claim against the at-fault party. The at-fault driver in a drunk driving accident could face criminal charges of intoxication manslaughter. While criminal charges may provide some closure, they do not provide restitution to the loved ones who have been left behind.
A wrongful death claim is a civil claim brought by the deceased’s spouse, parent, or child. A successful wrongful death claim will hold the drunk driver responsible for his or her actions, as well as provide financial compensation for damages such as medical bills and funeral costs.
Many people wonder if a wrongful death lawsuit can be successful even if the at-fault party is not prosecuted for his or her actions. The answer is usually yes because civil cases have a lower burden of proof than criminal cases. However, a successful wrongful death claim requires compelling evidence of the at-fault party’s liability and the victims’ damages.
Survival Claims in Texas
Survival claims are similar to wrongful death claims, but there are a few key differences. A survival claim is a personal injury claim that extends beyond the death of the person who has died. Assume a cancer patient is involved in a car accident caused by a drunk driver. Before pursuing a personal injury claim against the at-fault driver, he dies of cancer. In such a case, the executor of the deceased person’s estate may file a survival claim to recover the compensation that the deceased person would have been entitled to if he or she had lived.
If you have questions about a claim, contact a Houston wrongful death lawyer right away.
Wrongful Death Lawyers in Houston
There is no pain that compares to the loss of a loved one. When dealing with the grief of sudden death, you may not think about your legal rights to compensation right away. Contact a Houston wrongful death lawyer to discuss your case if another party was involved in the death of a family member or loved one.
West Loop Law and the Law Office of Nhan Nguyen, MD, JD are unique among law firms in that we genuinely care about our clients and go out of our way to connect with them. Following a wrongful death, our legal team will work tirelessly to ensure that your legal right to compensation is protected.
Nhan Nguyen, MD, JD and Nader Rabie, JD are here to help you recover after losing a loved one in an accident caused by another’s negligence.
If you’ve unfairly lost a family member due to the actions of another person, call West Loop Law and the Law Office of Nhan Nguyen, MD, JD today at 713-840-7200 to discuss your case during a free, no-obligation consultation.
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