August 17, 2018

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Driving under the influence (DUI) Wrongful Death

Finding the Right Wrongful Death Attorney

If your loved one was killed due to the actions of a drunk driver, you should certainly consider contacting a Driving under the influence (DUI) accident victim attorney. One state that unfortunately has too many drunk drivers is California. The victims of accidents caused by these drunk drivers sadly were never given a warning. It was the drunk driver’s responsibility to not drive while intoxicated and put other people’s lives at risk.

You may never be able to do anything to compensate for the immense loss of someone who died at the hands of a drunk driver. However, if one of your loved ones did die in such an accident, you should still contact a DUI accident victim attorney. A DUI accident victim attorney can help you obtain the monetary compensation that drunk driver owes you and your family.

The means a DUI accident victim attorney can use to get your family that monetary compensation is through a wrongful death lawsuit. A wrongful death lawsuit can be brought by members of a victim’s estate to recover damages from another party that is believed to be responsible for that victim’s death.

Wrongful death law comes under the classification of civil law. It is also a form of civil law known as tort law. This separates it from criminal law. In a criminal case, the objective of the prosecution is to prove guilt beyond a shadow of a doubt. However, different standards are used in wrongful death cases. The standard that is used is whether or not the existence of negligence and damages caused by that negligence have been proven by a preponderance of the evidence. If you or a member of your family is injured in a car accident, an experienced personal injury lawyer can help.

Negligence can be defined as actions that are taken without the care that a reasonable person would take to prevent harm coming to others. This is certainly the case for a drunk driver. Simply proving the fact that the driver got behind the wheel while intoxicated may be enough to prove that he or she acted negligently. It does not have to be proven that the driver had the intention of killing someone. All that has to be proven is that the drunk driver acted recklessly and that recklessness caused the death of someone else.

Some states have specific laws relating to wrongful death lawsuits that a DUI accident victim attorney will know how to handle with your case. One such law is the California statute of limitations on wrongful death lawsuits. This gives victims of a wrongful death only a specific window to file such a lawsuit. In California, this window is typically two years from the time of death.

However, this general rule can vary depending on different factors that affect both the defendant and the plaintiff. For this reason, it is always a good idea to contact a DUI accident victim attorney as soon as possible after a death has occurred due to drunk driving. It may also help your case in other ways. For example, if the evidence is still fresh, it may be easier to prove that the drunk driver acted negligently in court.

Contact a Wrongful Death Attorney

If you have been seriously injured in a drunk driving accident, you should contact a top Drunk Driving Accident Attorney as soon as possible. Right after an injury occurs is a stressful time since doctors have to be consulted and medical bills need to be paid, to say nothing about the physical and emotional effects of the injury and loss. An experienced attorney will help lift the emotional burden by managing the details of your claim so the physical healing can begin.

Wrongful death lawyers offer a free telephone case review as well as in-home and hospital consultations. Many offer evening and weekend appointments. If you find yourself overwhelmed with your current financial situation, reach out to the trusted wrongful death attorney.

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