A true tragedy occurred in Austin recently, when a Mercedes-Benz struck a Hummer on its passenger side, injuring two young children. One of the children, a nine-year-old girl, died from her injuries on April 4, while the other underwent potentially life-saving surgery. The Mercedes driver was treated for serious but not life-threatening injuries and was later arrested for driving while intoxicated (DWI). In addition to the major criminal charges that the driver may face given the young girl’s passing, it is possible he may be sued in civil court by the family, to try and collect damages for her wrongful death. If you have lost a loved one, especially a minor, to the negligence or recklessness of another person, you have the right to try and hold them accountable, even if they already face criminal charges.
No Replacing A Lost Loved One
If you and your family have lost a loved one due to another person’s negligence, you may be able to recover monetary compensation - not to replace the lost person in your life but to hopefully help your family stay on its financial feet while you adjust to the loss of that person. You may be able to recover for both tangible (also called economic) and intangible (non-economic) damages, including (but not limited to) lost wages, funeral expenses and last medical bills, pain and suffering, loss of inheritance, and several other potential causes of action.
Generally, Texas law holds that a cause of action for wrongful death exists if someone’s passing can be directly linked to the negligence, wrongful act, carelessness, or unskillfulness of another person. For example, if someone is killed in an auto accident because their brakes failed, a mechanic who negligently failed to notice a problem might possibly be liable for that person’s death because they ought to have noticed and fixed the issue. Only a surviving spouse, parents, or children can file a wrongful death claim in Texas....