Hidalgo County Wrongful Death Attorney J. Gonzalez

What happens to a wrongful death claim if the defendant goes to jail?

This is a question we often hear. While there is no simple answer, the J. Gonzalez Law Firm wants surviving family members to know that compensation for the loss of a loved one is not necessarily lost.

When someone dies as the result of a criminal act, the surviving family members and the public demand and deserve that justice be carried out. Unfortunately, this can leave the victim’s family bewildered.

What if the suspect is never formally tried? What if the suspect is acquitted in a criminal trial? What recourse does the family have then? Does a pending criminal case extend the statute of limitations of a related civil case?

Each wrongful death claim hinges on the specific facts of the case, so let’s look at the broad picture.

Wrongful Death Lawsuit

Wrongful death is a special type of personal injury claim recognized under Texas law. Since the victim is no longer alive, they cannot sue. Therefore the right to bring a wrongful death claim belongs to the victim’s immediate family members. Texas law defines immediate family members as the surviving spouse, the parents of a minor child, and the victim’s children.

Wrongful death is a civil action. It is separate from any criminal proceeding even though it may result from the same case, defendant, or victim. A wrongful death lawsuit can proceed even if the responsible party is tried and convicted, tried and acquitted, and even if the defendant is never charged with any criminal offense at all.

Statute of Limitations

Texas has a two-year statute of limitations from the date of death for filing a wrongful death lawsuit. Texas does not extend that statute If criminal charges are filed and then later dismissed. However, the amount of time the civil case was pending due to the criminal case can be added to the statute of limitations for the civil case. This is called “tolling” the statute, which means it pauses its clock.

Standards of Proof

Civil trials and criminal trials have different standards of proof. In a criminal case, the jury must find the defendant guilty “beyond a reasonable doubt.” In a civil wrongful death case, however, the jury’s findings are based on a “preponderance of the evidence,” i.e. it is more likely than not the defendant is responsible for the victim’s death. That means the burden of proof is easier to meet in a civil trial than it is a criminal trial.

Wrongful Death Judgement

Just because a plaintiff wins a judgment, there is no guarantee it will be paid. A judgment is only a legal declaration that the plaintiff is entitled to a certain sum of money from the defendant. The judgment will remain on the books for at least ten years, at which time it may be renewed. This means any assets discovered in the defendant’s name during that time may be subject to seizure by the plaintiffs.

Seek Justice with the Help of J. Gonzalez

A wrongful death lawsuit is about justice and obtaining some peace of mind. For many families, this is more important than any amount of money.

If you have lost a family member due to someone else’s negligent or criminal act and you need to consult with a qualified Texas wrongful death attorney about your options, contact the J. Gonzalez Law Firm today.

Your initial consultation is free so it won’t cost you anything to have your questions answered. Reach out to us via this website or by calling 1-800-CAR-CRASH and get the peace of mind you deserve.

Man charged with intoxication manslaughter related to Hidalgo crash

By: Benjamin Treviño

Hidalgo Police have charged a 40-year-old man in connection with a three-vehicle crash that left one man dead.

The crash happened August 18 at around 7:45 a.m. at the intersection of Dicker and McColl roads. According to Hidalgo Police, Eguaciso Luna Jr. disregarded a traffic signal at the intersection, leading to the crash.

Luna was charged with intoxication manslaughter and two counts of intoxication assault.

One of the vehicles rolled over during the crash, and the man who died at the hospital was identified as a man in his 50s who was in a white SUV.

According to police, the suspect was driving a white pick-up truck when he hit the SUV and another car.

Bond for Luna was set at $350,000.

Source: https://www.krgv.com/news/man-charged-with-intoxication-manslaughter-following-deadly-hidalgo-crash?