If you lost a loved one in a deliberate or negligent vehicle attack in the Houston area, Texas law may give your family the right to pursue a wrongful death civil claim.
Get Connected Now →Losing a family member to violence is devastating under any circumstance. When the alleged cause is someone using a vehicle as a weapon against a person they knew, the grief is compounded by a profound sense of betrayal. Families are often left not only mourning but also facing funeral costs, lost income, and unanswered questions about what legal options exist for them.
In cases involving alleged intentional conduct or gross negligence, civil law in Texas operates independently of any criminal case. Even if a suspect is prosecuted criminally, the victim's family may still have the right to pursue a separate civil wrongful death or survival action. You do not have to wait for a criminal verdict to begin exploring your civil options, and waiting too long can cost you those rights entirely.
Yes. Civil and criminal cases are entirely separate legal proceedings in Texas. A criminal prosecution is brought by the state, while a civil wrongful death claim is pursued by the victim's family. One does not prevent or delay the other, and a criminal conviction is not required for a civil case to succeed.
Texas law allows the surviving spouse, children, and parents of the deceased to bring a wrongful death claim. If none of those parties file within three months of the death, the executor or administrator of the estate may file on behalf of the estate.
In Texas, the general statute of limitations for a wrongful death claim is two years from the date of death. Missing this deadline can permanently bar the family from recovering compensation, so it is important to speak with an attorney as early as possible.
Texas wrongful death and survival actions may seek compensation for loss of financial support, loss of companionship and care, mental anguish suffered by surviving family members, medical and funeral expenses, and the pain and suffering experienced by the deceased before death. No specific outcome can be promised, as every case is different.
A Texas dram shop claim allows victims or their families to pursue civil liability against a bar, restaurant, or other alcohol-serving establishment if that business provided alcohol to a person who was obviously intoxicated and that intoxication contributed to the harmful incident. Whether a dram shop angle applies in this specific case depends on facts still being investigated, but it is a potential avenue an attorney may evaluate.