According to the Centers for Disease Control and Prevention, 28 people die every day in the United States due to motor-vehicle accidents involving a drunk driver. If your spouse was killed in an accident because of a drunk driver, you have the right to file a wrongful-death lawsuit. Below is some more information about this so you can get started with the process.
What Is a Wrongful-Death Lawsuit?
A wrongful-death lawsuit is filed against the drunk driver that was responsible for the accident and for causing the death of your spouse. The damages you receive will cover things like medical expenses, funeral expenses, burial expenses, and pain and suffering. All states have different statutes, but some things you generally have to show include:
- Proof that your spouse's death caused monetary losses for you.
- Proof that the person driving the other car was drunk.
- Proof that the drunk driver was the cause of the accident.
To show that your spouse's death caused monetary losses for you, you will have to show the court financial documents to prove this.
To show proof that the driver was responsible for the accident and death of your spouse, you can obtain the accident report written by the police officer at the time of the accident.
The blood-alcohol test given by the police officer when the driver was first stopped is proof that the driver was drunk. There may be blood tests showing their alcohol level. To show that they were drunk at the time of the accident is very important, as it is the entire basis of your case.
How Can a Wrongful-Death Attorney Help You?
You need to contact a wrongful-death attorney that has experience working with these types of suits. They can take over the case and do everything for you, such as gathering the above information and filing the correct documents with the court.
The attorney will interview people, such as the arresting officer, the hospital where the other driver was treated, or the coroner that handled the other driver's body. Once they have all the information gathered to prove your case, your lawyer will try to settle your case out of court, if possible. If not, they will sue the other party, and you will go to trial.
These tips should help you get through this process quicker so you can get on with your life and concentrate on healing. Discover more on this issue by talking to a wrongful-death lawyer.