If a loved one is injured or killed by a drunk driver, you have rights and may be able to recover a financial award. While this won’t heal your family member sooner or bring him or her back, you will have the money to help with any medical expenses, funeral expenses and for the loss of a family member if he or she dies. While dealing with this major change and the grief that comes along with it is first and foremost, you should also contact a personal injury attorney as soon as you feel able.
The Criminal Case
In a drunk driving injury or death case, the police and the District Attorney will conduct an investigation and probably press charges against the drunk driver. The information the police collect in the report will represent important evidence in the civil claim. A lawyer is in the best position to go about collecting that information.
If you were a passenger in the vehicle or otherwise witnessed the incident, the police will probably want to talk to you. Be honest and forthright with the police as you talk. Everything you tell the police will be recorded, and it could potentially be used in a later civil trial. The same thing is true of testimony you might give in the criminal trial.
The Civil Case
In addition to the criminal case, the victims of the drunk driver can bring a civil lawsuit against the drunk driver and his or her insurance company. A civil case can go forward no matter what happens in the criminal case. More often than in other auto negligence cases, the drunken driver either does not have auto insurance, or has a very low limit. In those cases, the injured party can bring a claim against that party’s own insurance company pursuant to the Underinsured Motorist or Uninsured Motorist protection of the policy.
If the victim of the drunk driver is killed, special rules apply about who is able to bring a civil lawsuit on behalf of the victim. The family should contact a personal injury lawyer for more information.
Contact a Wrongful Death Personal Injury Attorney
When you try to do too many things under the stress of a seriously injured or deceased relative on your own, you are bound to miss something. Instead, let a personal injury attorney handle the claim against the drunk driver. Let the Gingras, Thomsen & Wachs, LLP handle the legal aspects of the case while you grieve and heal. No lawsuit can ever truly compensate a family for the loss of a loved one, or make up for a life destroyed by physical injury, but the Gingras, Thomsen & Wachs, LLP will do everything they can to get the best resolution to the case, and help you get compensation for your suffering.
Contact Gingras, Thomsen & Wachs, LLP if your loved one has been injured or died as a result of a crash caused by a drunk driver.
