If you have lost a loved one in a drunken driving accident you are likely to be deeply affected and devastated by your loss. In such a difficult time, dealing with the legal complexities of a wrongful death claim should not add to your burden. This article will guide you through the steps involved in filing a wrongful death claim and explain how a skilled personal injury lawyer can help you pursue justice and secure the compensation you deserve, offering support during an incredibly painful chapter of your life.
Initial Steps After the Accident
Here are the key steps to take when filing a wrongful death claim after losing a loved one to a drunken driving accident.
- Make sure you get all the necessary medical records, a death certificate, and police reports that provide the details of the wrongful death accident. This documentation will be vital when establishing the cause of death and the extent of the driver's intoxication.
- Make sure that you or the claimant is eligible to file the wrongful death claim. In most states, close family members such as a spouse, children, or parents can file a wrongful death claim.
- Contact a wrongful death lawyer who is experienced in winning cases involving drunk driving. The lawyer will guide you through the legal process.
- Ensure you file your wrongful death claim within the statute of limitations. This deadline may depend on which state the claim is to be filed.
- With your attorney's help, you will need to gather evidence that proves that the drunk driver’s actions were the cause of the death of your loved one. This typically includes the police reports, witnesses’ testimonies, and toxicology results.
- Your attorney will help you calculate damages, including medical expenses prior to death, funeral costs, loss of wages, and the emotional suffering you have endured. If the attorney is unable to reach a fair settlement by negotiation he or she can represent you in court.
File the Wrongful Death Claim
When you file the wrongful death claim you will need to do the following:
- draft the complaint outlining the details of the wrongful death which includes naming the defendants such as the at-fault driver and the establishment that served the alcohol;
- file with the appropriate court to initiate the lawsuit which will follow the legal process of discovery, settlement, and trial. You may have the option to file with the at-fault driver’s insurance and your own insurance.
Who Can File a Wrongful Death Lawsuit?
There are several impacted parties who are allowed to sue which may vary from state to state.
- Children and spouses can make a wrongful death claim across all states, as are parents of minor or unmarried children.
- In some states, other individuals/ dependents may be able to make a claim, especially if the wrongful death has had an impact such as:
- surviving partners;
- relatives, including siblings or grandparents;
- parents of a deceased fetus;
- executor of the deceased’s will.
The Importance of a Personal Injury Attorney
A personal injury attorney understands the complexities of personal injury law and can ensure your rights are protected. An attorney helps reduce stress, manage paperwork, and can guide you through the legal process. An attorny can also help you with the following:
- prove negligence using the evidence provided;
- help gather evidence to support your case;
- negotiate on your behalf to ensure a fair settlement is reached;
- help avoid common mistakes like missing deadlines.
Fill out the Free Case Evaluation to get connected with an independent attorney who subscribes to the website and may be able to help you with your case.
