When a drunk driver in Texas has wrongfully killed a person, the victim’s surviving spouse, child or parent may file a survival damages claim. The survival damages claim is basically the same as the personal injury claim that the victim would have brought against the drunk driver defendant had he or she survived the wreck. But since the victim succumbed to the accident injuries, the representative of the decedent’s estate brings that action on their behalf.
Our Lake Jackson personal injury attorneys want you to understand that various factors influence the size of the possible damages award from a survival damages case. These factors include:
* The age of the victim (courts presume that children experience more pain and fear from accidents, so the damages award might be greater where the victim was a child);
* The competence of the victim;
* How long the victim survived the accident before perishing from it; and
* The extent of the victim’s awareness of pain, fear and suffering prior to death.
A survival damages claim from a Texas drunk driving accident might seek financial compensation for:
* Property damage (such as the victim’s car);
* Medical expenses from the accident;
* Lost wages for time lost from work after the accident;
* The value of reduced earnings capacity because of disabilities from the wreck;
* Disfigurement;
* Pain and suffering; and
* Mental and emotional anguish because of the accident.
It may seem strange to you to bring what is essentially a personal injury claim on behalf of a deceased victim who can no longer suffer from his or her injuries. But as Lake Jackson personal injury attorneys, we ask you to consider this: would you want the drunk driver whose callous negligence killed your loved one to escape financial accountability for his actions? Would you want him to be able to save money from a damages award because he succeeded in killing his victim in a Texas drunk driving accident rather than merely injuring the victim?