Losing a loved one is never easy. When it happens due to a DUI-related incident, it can be even more devastating.
If you find yourself in this unfortunate situation, it is important to understand what to expect when seeking justice for your loved one’s wrongful death.
Investigation and evidence gathering
The first step in a wrongful death claim following a DUI incident is the gathering of evidence. This involves collecting police reports, witness statements, medical records and any other relevant information that can substantiate the claim.
Identifying who is legally responsible for the accident is a key aspect of the case. In DUI-related wrongful death claims, the impaired driver is typically the primary liable party. However, other factors, such as overserving at a bar or restaurant, may also come into play, potentially implicating additional parties.
Negotiations and settlements
In some cases, the liable party or their insurance company may offer a settlement to avoid going to trial. These negotiations can be a lengthy process, with the goal of reaching an agreement that adequately compensates the surviving family for their loss.
Wrongful death compensation
In the event of a settlement or court judgment, the surviving family may receive compensation. This compensation typically covers various aspects, such as medical expenses, funeral costs, lost income and emotional suffering. The amount of compensation can vary significantly depending on the circumstances of the case.
In 2019, 1,187 fatal car accidents in California involved alcohol, leaving many families and friends devastated. While no amount of compensation can truly make up for the loss of a family member, pursuing a wrongful death claim in a DUI case can provide some financial relief and a sense of closure.