Wrongful Death as a result of a DUI 18-Wheeler Accident
Wrongful death damages are those directly incurred by the family members that have lost a loved one due to any type of fatal accident. So if you have lost a loved one after being hit by an intoxicated big rig driver, you also have the right to sue every liable party: the driver, his or her employer, and the food and beverage operation that created this over-the-road menace.
These damages can be sought by multiple immediate family members such as a spouse, parents, or children, either separately or collectively. Wrongful death damages often, but not always, include compensation for items such as the deceased family member’s medical bills prior to death and funeral expenses, along with a family member’s pain and suffering due to their loss. Survivors can also sue for loss of financial support that had been provided by the decedent, loss of consortium (or unique familial love), and the fact that they likely had to witness their loved one suffer and die.
Survival damages, on the other hand, relate to the damages that the decedent family member incurred, or would have had a right to collect had they survived the accident. And in this case, only one family member can seek survival damages through that family member who acts as a legal proxy for their deceased relative in Texas wrongful death case. But that family member who seeks survival damages can also seek wrongful death survivor damages. But only the closest living family member can pursue a survival damages claim. Usually, the one that will file a survival damage lawsuit is the spouse. But if the spouse is absent, or does not file a civil suit, the children (from oldest to youngest) are next in line. After that come the parents of the deceased loved one, then maybe a sibling. But again, only one family member can file a survival damage lawsuit.
Survival damages can include financial compensation for things such as a deceased family member’s medical bills that would have been presented to them had they lived, their lost wages due to time off from work while injured, lost future income, their family deceased member’s pain and suffering, their mental or emotional duress in the accident, the compensatory value of their disfigurement or possible long-term injury, and the value of any damage to the decedent’s property from the accident, such as an automobile or anything of value that was in the vehicle at the time of the DUI big rig wreck. But computing the value of these amounts is seldom easy, especially for one who is not well-versed in establishing the value of such losses or projected but unrealized amounts of income that might have been earned. So here is another attractive feature of having an experienced personal injury attorney right here in Texas.
If you or someone in your family is suffering as a victim of a big rig drunk driving accident, or if you have lost a cherished loved one due to such negligence, don’t leave money on the table that is rightfully yours. Contact our Texas drunk driving and 18 wheeler accident attorneys now at 1(800) 862-1260 (toll-free) for a free consultation. Our Law Firm can help you win the fullest and fairest compensation that you need to resume your life and give you justice, and the peace of mind, you deserve after a drunk driver, and the dram shop that over-served them, has injured you.