Drunk driving accidents are far too common in Houston. As the 4th most populous city in the United States, it’s not a surprise to encounter different types of drivers on our roads. A majority are great citizens and drivers, but some behave irresponsibly by operating vehicles while they are under the influence of alcohol. There are laws and regulations prohibiting drunk driving, but DUI accidents continue to claim innocent lives and cripple thousands of Americans every year.
According to the National Highway Transport Safety Administration (NHTSA), at least 10,511 people were killed in DUI accidents in 2018. These numbers have risen over time with increased population and overindulgence in alcoholism. If your loved one lost his or her life in a similar accident anywhere in Texas, you have the right to pursue justice on their behalf. By filing a wrongful death claim, you not only get justice for the deceased but also yourself. A compassionate Houston drunk driving accident lawyer from Lone Star Injury Attorneys is the ideal party to consult about your case.
What is Wrongful Death?
Wrongful death occurs when the negligent actions or behaviors of one or more parties result in someone else’s death. As a result, the surviving family members or any other legally appointed party may bring a civil claim forward in the form of a wrongful death lawsuit against the responsible party seeking compensation. Many people believe that criminal proceedings are the end when it comes to such cases. Nothing could be further from the truth. You can achieve further justice in the form of compensation by filing a civil case in court or dealing with insurance companies.
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Call (832) 346-9585
Who Can File a Wrongful Death Claim in a DUI Accident?
Each state is governed by specific laws that dictate how wrongful death lawsuits work. Therefore, your eligibility for compensation depends on the jurisdiction where the wrongful death occurred. In Texas, the parents, children, and spouse of the deceased have automatic eligibility to bring a case forward following a fatal drunk driving accident in Houston or any other accident.
Most people appoint a family representative, usually an attorney to spearhead the claim process. Apart from the lack of knowledge of wrongful death laws and the applicability of different regulations in your case, the emotional burden you carry will impede the success of your lawsuit. You don’t need to stress when our caring Houston fatal drunk driving accident attorneys are available to litigate on your behalf.
Damages Recoverable in a Fatal Drunk Driving Accident Case
Damages in a fatal drunk driving accident case are similar to those available in a personal injury claim. The only difference is that the victim, in this case, is unavailable to collect damages owed to him or her. Therefore, someone else must fill the gap and seek compensation on their behalf. A wrongful death claim may compensate for:
- Deceased’s Medical expenses
- Deceased’s Lost wages
- Deceased’s lost future earning
- Physical pain and suffering
- Emotional trauma
- Rehabilitation costs
Not all fatalities are recorded at the scene of a crash. For instance, someone may suffer catastrophic injuries only to have their life cut short while undergoing treatment. In this case, a wrongful death lawsuit will compensate for the damages or losses incurred by the victim before death. On the other hand, the surviving family members can sue for lost wages, loss of enjoyment of life, loss of consortium, loss of companionship, emotional suffering, and burial/funeral costs by filing a survival action. Differentiating between wrongful death claims and survival action may be challenging, thus the need to consult a knowledgeable Houston fatal drunk driving accident attorney.
Statute of Limitations for Fatal Drunk Driving Accident Cases
It may take too long before you realize you need to file a wrongful death claim. Grieving can cloud your judgment and leave you worn out to even think about pursuing compensation. By the time you come to terms with your loss and the financial burden on your shoulder, it might be too late to take any legal action. Texas laws only allow up to two years from the day of an accident for personal injury lawsuits and wrongful death claims to be brought forward. Don’t wait any further, contact our lawyers to get started.
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Get Help with Your Fatal Drunk Driving Accident Case
Our compassionate fatal drunk driving accident lawyers serving Houston and the larger Texas region have decades of courtroom experience litigating wrongful death cases. We will be happy to help you get the closure you need by finding justice for you and your loved one. Contact our offices at Lone Star Injury Attorneys today to speak with our team.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
