The Department of Transportation reported that over 200 children died in car accidents in Texas in 2021. Losing a child is an immeasurable tragedy, made even more painful when it results from a preventable accident like drunk driving. When such an unimaginable event occurs in Texas, the law provides certain avenues for bereaved parents to receive financial compensation.
While no amount of money can ever replace the loss of your child, it can help to alleviate some of the financial burdens associated with such a tragedy, and it is important to know what kinds of compensation you can seek.
Covering funeral and burial expenses
The immediate costs following such a tragedy typically include funeral and burial expenses. You may seek compensation for these costs, which can be substantial, as part of your claim.
Recovery of medical expenses
If your child received medical care following the accident and before their death, you could recover the costs of this care. This can include ambulance fees, emergency room costs and charges for any surgical procedures or treatments.
Loss of companionship and emotional distress
Texas law recognizes that parents suffer an immense emotional loss when a child dies. Therefore, you may be able to receive compensation for loss of companionship, often referred to as “loss of consortium,” as well as for emotional distress.
Punitive damages
In cases where the conduct of the drunk driver was particularly egregious, the court may award punitive damages. These damages are not intended to compensate for a specific loss but to punish the wrongdoer and deter similar behavior in the future.
If you have lost a child to a drunk driving accident, it is important to understand your rights under Texas law. The compensation you receive can help cover the immediate costs associated with your child’s death and potentially provide a measure of justice by holding the drunk driver accountable.