Austin, TX (Law Firm Newswire) July 10, 2019 – A wrongful death lawsuit may be filed as a result of a number of different types of accidents. A wrongful death suit may be filed after a death in a car accident that resulted from a collision involving an allegedly drunk driver. A civil lawsuit is typically filed after the criminal case is handled.
In a recent collision, two sisters, 16 and 18-years-old, were killed in their Honda sedan after it was hit by a Dodge pickup on I-35 between Austin and San Antonio. The wreck happened at about 9:20 p.m. Three other passengers were present in the Honda — the sisters’ 12-year-old sibling, their father and his girlfriend. The three passengers made it to the nearest hospital. All those in the vehicle were wearing seatbelts.
Police charged a 61-year-old man from Buda, Texas after he was apprehended fleeing the scene of the accident on foot. The police arrested and booked the driver on three charges of an accident causing serious bodily injury and two charges of accident causing death. Bond was set in the amount of $250,000 and a blood sample was sent for a toxicology report to determine if the man was driving under the influence. He had a prior record of being arrested three times on charges of driving while intoxicated.
“If the family in this case decided to file a wrongful death lawsuit or survival lawsuit, the Texas Civil Practice and Remedies Code Title 4, Chapter 71 is the starting point,” explained Austin wrongful death attorney Brooks Schuelke, not involved in this case. “From there, as the case develops, the family may be able to obtain actual and exemplary damages.”
Damages can include:
Mental anguish – suffering and emotional pain relating to the death of a family member
Loss of inheritance – a reference to what the deceased would have accumulated and left to the family if they had lived an expected lifetime
Financial losses – loss of the deceased’s earning ability, value of the advice, support, maintenance, care, services and counsel the deceased would have provided to the family
Loss of society – loss of the love, comfort and companionship a family member provided
“There is another category of damages that can be awarded — exemplary damages,” added Schuelke, “However, exemplary damages are only recoverable if the person’s death was caused by the defendant’s willful act, omission or gross negligence.”
Injured in a car wreck? Reach out and connect with an experienced wrongful death attorney to find out how to file a wrongful death lawsuit and seek compensation for the injuries that resulted from the accident.
Schuelke Law PLLC
3011 N. Lamar Blvd
Austin, TX 78705
Call (512) 476-4944
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