According to reporting from Fox San Antonio, a woman was killed, and at least two others were seriously injured, in a wrong way crash on West Military Road. San Antonio Police confirmed that alcohol was a factor in the wreck. Drunk driving takes the lives of far too many innocent Texans. If your loved one has lost their life in a Texas drunk driving accident, you need to contact an experienced San Antonio wrongful death attorney immediately.
DWI Wrongful Death
There is nothing more emotionally painful than seeing the life of a family member taken by a senseless, and entirely preventable, drunk driving accident. Nothing can truly make up for that type of loss, but the Texas Wrongful Death Act provides legal recourse for close family members of the victim. In some wrongful death cases, it may also makes sense to bring a survival action claim. The two claims can often be brought concurrently. Essentially, a wrongful death claim allows family members to recover for the damages that they have suffered due to the loss of a loved one, and a survival action claim allows close family members to recover for the injury damages that the deceased party would have been entitled to, had they survived the wreck.
Four Things You Need to Know
- Eligibility: A DWI wrongful death claim can only be brought by close relatives of the victim. In Texas, only the spouse, the parent or the child of a victim may bring a wrongful death action. Adoptive parents, and adopted children, are eligible. Unfortunately, family friends, and other relatives such as siblings or grandchildren, may not bring a wrongful death action.
- Timeline: This claim must be brought within two years of the accident. There may be some minor wiggle room in certain types of cases, but waiting to make a claim could put your legal rights at risk. If your family member was the victim of a wrongful death, you need to speak to an attorney today.
- Proving your case: In order to recover compensation under the statute, you must prove that the death was caused by the neglect, carelessness or unreasonable unskillfulness of the defendant. If you can prove that the death was caused by the negligence of another party, then you can recover damages under the act.
- Recovering compensation: Many different forms of compensation are available under the wrongful death act. You can recover for the full extent of your losses, this includes economic losses and non-economic losses. You deserve compensation for your pain and suffering, your emotional damage, the loss of support and the loss of love. Further, because Texas classifies drunk driving as gross negligence, you may often be able to recover punitive damages in a DWI wrongful death case.
Need Legal Help?
Our compassionate and experienced wrongful death attorneys will handle your wrongful death issues while you focus on yourself and your family. If you have any questions, please contact our San Antonio office today at (210) 308-8811 for additional information.
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