Can You Sue a Drunk Driver for Wrongful Death While They Face Criminal Charges?

 Posted on October 27, 2025 in Car Accidents

When a drunk driver causes a fatal crash, families often face two separate legal processes at once. The criminal case against the driver is meant to punish them for their actions. A potential civil lawsuit for wrongful death is aimed at holding them financially accountable to the surviving family.

A civil case for wrongful death is separate from any criminal prosecution. It gives your family the chance to seek compensation for the losses you have suffered. A Van Horn, TX wrongful death lawyer can help you take legal action while also ensuring you understand how both systems interact.

Who Can File a Wrongful Death Case in Texas?

Under Texas Civil Practice and Remedies Code § 71.004, only certain relatives can file a wrongful death claim. These include the deceased person’s surviving spouse, children (biological or adopted), and parents. If none of these family members file within three months, the executor of the estate can bring the claim, unless the family objects. This law allows you to pursue damages for the emotional and financial harm caused by the drunk driver’s negligence.

Does the Criminal Case Affect the Wrongful Death Lawsuit?

Criminal and civil cases are completely separate. The criminal case is handled by the state to punish the driver for breaking the law. It does not determine the outcome of your civil suit. You do not even have to wait for the criminal case to end before filing a civil claim.

Even if the driver is found not guilty in criminal court, you can still win in a civil lawsuit. This is because the standard of proof is lower in civil court. In a criminal case, guilt must be proven "beyond a reasonable doubt," while in a civil case, you only need to show that it is more likely than not that the driver’s actions caused your loved one’s death.

What Can You Recover From a Wrongful Death Claim?

You can seek compensation for both your physical and emotional losses. Common examples include:

• Medical bills

• Funeral costs

• Lost wages or future income

• Loss of companionship and guidance

• Loss of household services

• Emotional suffering and mental anguish

In a drunk driving case, punitive damages, also known as exemplary damages, are a possibility. Texas law allows punitive damages under Texas Civil Practice and Remedies Code § 41.008 when a defendant acts with gross negligence or malice. These damages are meant to punish dangerous behavior and discourage others from repeating it.

Proving Fault in a Civil Case for Wrongful Death

To succeed in a wrongful death claim, your attorney must prove that the drunk driver was responsible for the fatal crash. Evidence may include police reports, blood alcohol test results, witness statements, or video footage from the scene.

A criminal conviction can strengthen your civil case, but it is not required. Your attorney may also work with accident reconstruction experts to show how the driver’s intoxication directly caused the crash. Gathering this evidence early helps support your claim for damages and ensures that no important details are lost over time.

Schedule a Free Consultation with a Sierra Blanca, TX Wrongful Death Attorney Today

No sentence or settlement can make up for your loss, but a wrongful death lawsuit can help your family find justice and financial relief. Attorney James Kennedy is certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a distinction earned by fewer than three percent of attorneys in the entire state. His experience and certification demonstrate his commitment to excellence and his ability to handle complex wrongful death cases with care and skill.

Contact James Kennedy, P.L.L.C. today at 915-544-5200 to schedule your free consultation and discuss your case with a Van Horn, TX wrongful death lawyer you can trust. Your family deserves answers, accountability, and the support of a firm that will fight for justice on your behalf. Se habla Español.