Drunk driving is a concern that affects everyone on the road, as it puts people’s lives in danger. In the unfortunate event that a loved one is killed as a result of a drunk driving accident, you may be eligible to file a wrongful death claim against the at-fault driver. This article will guide you through when and how to file a wrongful death claim after a DUI accident.
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What Is Wrongful Death?
Wrongful death is a legal term that refers to a situation where an individual or entity is held liable for causing someone else’s death due to their negligence or recklessness. In the context of a DUI accident, it means that the drunk driver who caused the accident is legally responsible for the death of another person.
Who Can File A Wrongful Death Claim?
In most states, only certain family members or dependents of the deceased person are allowed to file a wrongful death claim. Such persons may include the deceased person’s spouse, children, parents, or siblings. If the deceased person did not have any known family members, their estate may file the claim instead.
When To File A Wrongful Death Claim?
The statute of limitations for filing a wrongful death claim varies from state to state, but it typically ranges from one to three years after the person’s death. It is important to note that waiting too long to file a claim can result in it being dismissed by the court, even if there is clear evidence that the other driver was at fault.
How To File A Wrongful Death Claim?
Filing a wrongful death claim can be a complex and emotional process, which is why it is recommended that you seek the help of an experienced attorney. Here’s a general overview of how the process works:
Step 1: Consult With An Attorney
The first step in filing a wrongful death claim is to consult with an attorney who specializes in this area of law. During the initial consultation, the attorney will review the details of your case and advise you on whether or not you have a viable claim.
Step 2: Investigate The Accident
After agreeing to take on your case, your attorney will begin the process of investigating the accident to gather evidence that supports your claim. This may include interviewing witnesses, reviewing police reports, and consulting with experts who can provide insight into the cause of the accident.
Step 3: File The Claim
Once your attorney has gathered sufficient evidence, they will file a wrongful death claim on behalf of you and your family. This claim will outline the circumstances of the accident, the damages you are seeking, and the legal basis for your claim.
Step 4: Negotiate A Settlement
In some cases, the at-fault driver’s insurance company may offer a settlement to avoid going to trial. If this happens, your attorney will negotiate with the insurance company on your behalf to ensure that you receive fair compensation for your loss.
Step 5: Go To Trial
If a settlement cannot be reached through negotiation, your case may proceed to trial. During the trial, your attorney will present evidence and argue your case before a judge and jury. If successful, the court will award damages to you and your family.
Conclusion
Losing a loved one in a DUI accident is a devastating experience, but filing a wrongful death claim can help you seek justice and hold the responsible party accountable for their actions. If you believe that you have a valid wrongful death claim, don’t hesitate to speak with an experienced attorney who can guide you through the process and help you receive the compensation you deserve.