Every year hundreds of Texans are killed in car accidents caused by drunk drivers.
In Harris County alone, the Texas Department of Transportation estimates that over 100 individuals were killed in alcohol related accidents. Unfortunately, impaired drivers are on our roads and are causing catastrophic accidents that are tearing Texas families apart. When a tragedy like this occurs, it is difficult to focus on lawsuits or lawyers because there is no compensation or criminal penalty that is going to bring the loved one back. There does come a time that, we want to do what we can to make sure the drunk driver and all those that may be responsible are held accountable for their actions. This is why, we represent families in wrongful death cases against drunk drivers.
How Is Wrongful Death Case Different from a Criminal Case?
When a drunk driver causes a crash that results in the death of another driver, there will be a criminal case and, there can be a civil case (wrongful death and survival action).The State of Texas prosecutes cases against drunk drivers when they cause a death on the road. There are multiple crimes that a drunk driver can be charged with and typically, the county’s district attorney will decide which of the crimes they will pursue more vigorously.
The main difference between the criminal case and the civil case is the result being pursued and who is pursuing that result. In a criminal case, the State of Texas is seeking jail time for the crime that was committed by the drunk driver. In the wrongful death case or survival action, lawyers for the family are fighting for the compensation to help with all the financial losses that have been experienced by losing a loved one at the hands of a drunk driver.
As your personal injury attorney, we do not participate in the prosecution of the criminal case against the drunk driver but, we do stay informed an update to date with all developments along the way. We understand that staying informed on the progress of both cases is important for a family that has lost a loved one in a tragic car accident.
In a Drunk Driver Case, What is the difference between a Wrongful Death Case and a Survival Action?
Understanding the difference between these two types of cases is important so that the decedent’s family members know who is qualified to bring a lawsuit for the loss of their loved one. After speaking with a personal injury attorney, the family of individual killed by a drunk driver will understand the fundamental difference between a wrongful death case and a survival action and what can be claimed in each.
The main difference between these two types of cases is that in a wrongful death, there are certain family members that can qualify to file a claim for compensation against the drunk driver. The survival action is the lawsuit that would have belonged to the deceased loved one had he or she survived the car wreck. In other words, the survival action will need to be filed on behalf of the decedent by the representative of his or her estate.
Another difference between these two types of cases is the damages that can be claimed in each. Understandably, the losses that a family members experiences after losing a loved one are going to be different that those claim by the estate on behalf of the deceased individual. As your lawyer, we will explain the difference between the recovery in these two cases.
Making Drunk Drivers Pay for Their Actions?
If you and your family have lost a loved one in car accident caused by a drunk driver, we are here to explain the entire process to you so that you make the best decisions that you can for you and your family. The goal of our firm in these cases is to make the negligent drunk driver and anyone else potential responsible pay for the harm that they have caused. While we understand that no compensation can ever replace a loved one, drunk drivers should not get away with the harm they have caused. At Sandoval Law Firm, PLLC we treat every client with the care and attention that they deserve. We are available to help you in your wrongful death car accident case, call us at (346) 347-7777 for a free and informative consultation!