If your loved one was killed in a car accident caused by a drunk driver, you may be able to pursue a wrongful death claim. A wrongful death claim is like a personal injury claim, but it is filed by the family of the accident victim because he or she is unable to do so. When someone is killed, the family suffers emotional and financial damages. Usually, only the very next of kin, such as a spouse, child, or parent can file a wrongful death lawsuit after a person has been hit by a drunk driver under the influence of alcohol.
Damages Pursued in a Wrongful Death Claim After Being Hit by a Driver Under the Influence of Alcohol
A variety of damages can be pursued through a wrongful death claim. Usually, the damages are bunched into two different kinds. The first kind covers those damages suffered from the moment that the driver did that negligent act, which was get behind the wheel while drunk, up until the time the accident victim died – regardless of whether it was at the accident scene or days, weeks, or even months later. Those damages include medical bills, lost wages, pain and suffering, and funeral expenses. The next kind of damages are those for the deceased person’s wages that were lost from the time of the crash until when he or she would have normally retired. Some states also allow claims for loss of consortium, which is a loss of love and companionship caused by the individual’s untimely death.
The Role of Negligence in a Wrongful Death Claim Involving a Drunk Driver
For a successful wrongful death claim, just as you would for a personal injury claim, you must show that the other driver acted negligently. All four elements of negligence must be met. In this case, you must show that there was a duty or responsibility the driver had. He or she was to obey traffic laws and drive in a safe manner to protect others from harm. This driver broke the law and breached that duty by driving while under the influence of alcohol. Next, you will need to prove that breach of duty caused the crash. In this situation, it caused the driver to lose the ability to function and drive properly, giving a slower response time and the inability to maintain focus and balance. Thus, the driver ran into your family member’s vehicle. Lastly, you must show that your relative’s death occurred because of that crash.
Consult With a Wrongful Death Attorney
If your loved one was involved in a crash with a drunk driver, consult with a wrongful death lawyer about pursuing a claim for wrongful death after being hit by a driver under the influence of alcohol. These attorneys work on a contingency basis, so there is nothing to lose. Complete a free case evaluation form today to have your case reviewed to determine how to proceed.
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Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against a drunk driver or any other party, you may not be entitled to any compensation.
