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Yes, it is a criminal matter. However, it can also be a civil matter, and therefore a personal injury. Criminal cases are controlled by the government (the district attorney or the county attorney), and they seek to punish the drunk driver for the drunk driver’s illegal conduct. There, the goal is to seek jail time or some other form of punishment for the drunk driver. In a criminal case, the prosecutor has to meet a higher burden of proof than is required in a civil case.
Civil lawsuits, also referred to as personal injury lawsuits, are different from criminal cases because the goal of a civil case is to compensate the victim for the losses the drunk driver caused. In your situation, the wrongful death of your wife as a result of a criminally negligent driver would mean you could file a wrongful death lawsuit (which is a type of personal injury case). In most cases, the district or county attorney will prosecute the criminal case, but you will need a personal injury lawyer to get your full compensation for your losses. The cases can go on at the same time, but sometimes, the criminal prosecutor will not release all their evidence — even to the victim – until their case is over.
It is important to note that every state does not have the same laws relating to wrongful death. Most notably, each state provides a plaintiff differing lengths of time to file a wrongful death lawsuit, in addition to differences in the type of compensation the state may permit the plaintiff to recover.
If you wish to recover compensation in Texas for the loss of a loved one, you usually have two years to file a wrongful death claim, usually starting the day of the wreck. However, because there are some circumstances where this time limit is even shorter, it’s important to contact a personal injury lawyer right away. Note: the date of the family member’s death may not be the same day they were involved in an accident. They may have died from their injuries days or months later.
In the Lone Star state, some wrongful death lawsuits allow for the recovery of “exemplary or punitive damages”. Your attorney is the best person to advise you on what you may expect should you choose to file a wrongful lawsuit, as each case is different
Yes, you are entitled to compensation for your injuries. Serious injuries can result in a permanent loss of wages. You are entitled to recover for those damages. You may also be able to recover the following damages, depending on the facts of the case:
In a personal injury lawsuit, there are some caps or limits on how much damages a survivor can recover. Caps typically apply to economic damages (wages) or non-economic damages (suffering, pain). Caps in Texas are only applied in three types of cases: where government liability is involved, if there is medical malpractice, and in some lawsuits involving punitive/exemplary damages.
Generally, you have two years from the time of the accident to file a claim. It is strongly recommended that you act quickly because many cases have a shorter time limit. Even with the two-year limitation, you still want to act fast because the physical evidence of the accident, witness testimony, and various necessary documentation need to be collected as soon as possible in the aftermath of the collision. This helps to create a foundation for your case.
Yes, an attorney can help you obtain compensation for your medical bills and other losses. Sustaining personal injuries is frightening, particularly when you do not know how you are going to get all your bills paid or even recover well enough to return to work. A personal injury attorney can handle all manner of injuries that you may have received, whether it was the result of a car, truck, motorcycle, or other accident. Do not wait to contact a personal injury attorney after an accident, or you may miss filing a claim within the time frame allocated for filing personal injury claims. In Texas, a claim must be filed no later than two years after the day the cause of action accrues.
There is no set answer or time frame when it comes to catastrophic injury cases. Each case and each set of injuries is unique and have their own timeline. It can take months to years to reach a conclusion or settlement. Such injuries may involve surgery, extensive healing, setbacks, and/or rehabilitation. Therefore, cases like these are often long and complex. Serious injury cases take time, but they tend to result in greater compensation. Contact Schuelke Law for more information.
What many people do not realize is that attorneys work on a contingency basis. That means you do not pay for your attorney’s representation unless you win your case. The fee for your attorney’s services is usually a percentage of the recovery.
Do not hesitate to contact an attorney after your accident. You should not go up against insurance companies and the other party’s lawyer alone. Keep in mind that insurance companies would rather you settle early and fast for less. Once you settle with an insurance company, the door is closed to obtaining any further compensation if you find out later.
A plaintiff’s goal in filing a wrongful death lawsuit or a personal injury claim is to provide the survivor, or the family members of a deceased loved one, compensation to ensure they are not forced into carrying the economic penalties of a defendant’s negligence.
This would include damages for lost income, medical costs, funeral and burial expenses, and non-economic damages such as loss of enjoyment of life, pain, and suffering, and emotional anguish. Exemplary damages, also referred to as punitive damages, may be possible depending on the circumstances of the case.
To win a personal injury case, the legal standard in Texas is “by a preponderance of the evidence.” The negligence case must then show five elements that existed in the case.
The five elements of negligence in Texas can be laid out in the following manner:
This area of the law can be confusing, and each case is different. This is why if you were involved in an accident, it is best to discuss the case with an experienced personal injury or wrongful death attorney. The circumstances of a case can make an enormous difference in the outcome.
It is difficult to know if you have a claim unless you speak with an attorney. Only an experienced personal injury attorney can evaluate your claim, assess what happened, the injuries, and the possibility of filing a claim.
There are many factors to consider. For instance, was there negligence involved, how serious are your injuries, have you had to take time off work, can you return to work but in a reduced earning capacity, are your injuries going to require surgery or perhaps long-term care? These factors determine whether you can file for compensation for your injuries.
Filing a claim does not involve knowing how much the claim is worth. Each case is different. Every injury is different. Healing for each person is different. The outcome of every accident is also different. There is no way to determine a specific amount you may receive.
For example, you may be entitled to compensation for lost wages, short-term medical costs, emotional anguish, long-term medical expenses, and pain and suffering. You could also be awarded punitive damages should your case go to court. A personal injury attorney can evaluate your claim and estimate what you may be entitled to. The outcome may be something entirely different.
Insurance companies are typically involved in personal injury accidents, and they may offer an early settlement. Our best advice is not to accept an early settlement, as the insurance company is never looking out for your best interests. They are looking out for their bottom line. They may offer a settlement much lower than what your claim is worth, hoping that you’ll take the amount before you talk to a lawyer and know your rights. No matter how kind and sympathetic they may sound, they would rather not pay out on claims if they can help it. Accepting an early settlement from an insurance company may mean you have given up your rights to fair and equitable compensation for your injuries.
To get a fair settlement from an insurance company, hire an experienced personal injury lawyer. Your lawyer deals with the insurance company and works to ensure you receive the proper compensation.
You can file a personal injury claim if you were partially at fault. This is because Texas follows the doctrine of comparative negligence, otherwise called proportionate responsibility. This means compensation is available for a driver in proportion to their responsibility for their accident. An example would be if it is determined that you were 20 percent responsible for the accident, and the claim is potential $200,000, then you would be entitled to receive 80 percent of the value of the case, or $160,000.00.
Later, you may also find that the driver that collided with you does not have any insurance. The law mandates that all drivers have a minimum amount of car insurance. However, the reality is that not everyone follows the law, and you may find yourself in a difficult situation if the person who hit you is not insured.
You may be able to seek restitution via your insurance company if you have uninsured motorist coverage. If your policy does not include that provision, you may still be able to file a lawsuit, presuming the at-fault driver has funds to pay out on the claim.
There is a high percentage of uninsured drivers in Texas (one in five), so it is best if you carry uninsured motorist coverage from your insurance company at limits you are comfortable with. This helps avoid paying for damages caused by someone else.
This is one of the reasons it is an excellent decision to speak to an experienced car accident attorney to see what options are available to you. Personal injury attorneys deal with accidents all the time, deal with insurance companies even more often and know what to do to take a case to trial if necessary. We deal with accidents daily, and we understand how to obtain fair and equitable restitution for your injuries.
If there were minor damage and no injuries, you may be able to deal with the insurance company on your own. Be aware that insurance companies aim to protect their bottom line to make money, not spend it on claims. To that end, they attempt to reduce or deny your claim if they can. That means you would not likely get the settlement that you deserve. An experienced personal injury lawyer is trained in negotiating with insurance companies to get you the compensation you deserve. Only an experienced personal injury attorney can effectively evaluate your claim and assess what it may be worth, according to the severity of your injuries and other details of your collision.
Several factors are considered to determine if a plaintiff has a personal injury case, such as was the other party negligent in some way? Did you sustain serious injuries? Are you going to lose your job or be off work for a long time? Did you lose wages or is your earning capacity going to be reduced?
Texas statutes govern many aspects of a personal injury claim and without involving a skilled personal injury attorney, you may not be able to proceed with your claim and recover the compensation equal with the damages and injuries.