Families that have lost a loved one in a fatal DUI accident may be understandably initially hesitant to pursue a legal battle. But survivors have legal avenues available to hold wrongdoers accountable for the deaths they cause. Winning a wrongful death lawsuit sends a message to others that drunk driving will not be tolerated, and wrongdoers must pay for the financial toll of their actions. The following are some frequently asked questions about wrongful death actions arising from DUI accidents.

What is “wrongful death?”

By definition, a wrongful death is a death that results from a negligent, reckless or willful act. A wrongful death claim may be brought against any person or party that may be held liable. In fatal DUI accidents, a wrongful death claim could be brought against a number of parties, including a drunk driver, an adult that provided alcohol to an underage drunk driver, or in some cases, a bar or tavern that provided alcohol to an obviously intoxicated patron. The first step to filing a wrongful death claim is talking to a lawyer and determining if your case may be eligible to pursue a claim.

What types of damages can a family recover?

The types of damages a victim’s family may be entitled to may vary, but typically under California law, damages may be recovered for both economic and non-economic damages. Economic damages compensate for measurable expenses, such as ambulance transport, final hospital bills, funeral expenses, and loss of anticipated lifetime earnings. Non-economic damages may be recovered for loss of love, care, companionship, affection and support. Every single case is different, and there are no hard rules for determining non-economic damages.

Who can file a wrongful death claim?

The parties that may bring a wrongful death action are identified in California Code of Civil Procedure §377.60. There is a specific order of certain people who may file a wrongful death claim. The first eligible survivors include the surviving spouse, children any surviving issue of deceased children. Next eligible survivors include parents, siblings, children of deceased siblings, grandparents, their lineal descendants. Others that may be eligible to pursue a wrongful death claim if they can prove they were financially dependant on the decedent include a putative spouse, children of a putative spouse, and step children. Determining who is eligible to file a wrongful death claim can be complex. Consulting a knowledgeable wrongful death attorney can help family members determine who is eligible to file a claim.

What fees are associated if you accept my case?

At Estey Bomberger, every case we handle is on a contingency fee basis. This means that you pay absolutely nothing unless we recover compensation for you in the form of a settlement or verdict. The amount you pay will vary from case to case, depending on the nature of the case and associated costs.

Where can I learn more?

If you have specific questions or want additional information, we welcome your phone call. Our DUI accident wrongful death lawyers are available seven days a week, 24 hours a day for your convenience. Alternatively, you may fill out our consultation request form and an attorney will contact you to discuss your potential case. There are no fees to talk to a lawyer about your case.

How do I choose the best attorney for my case?

Choosing the right lawyer is an important decision, one that can have a huge impact on your entire family’s future. It is important to select a lawyer with experience and skills who understands the unique challenges your case may present. It is also important to choose a lawyer who has the financial resources to invest in preparing and developing a case. Finally, it is important to work with a lawyer you can depend on to answer your questions and keep you up to date on the legal developments of your case and ultimately help you recover the full and fair compensation you are entitled to.

To talk to a DUI wrongful death lawyer at Estey Bomberger about a potential DUI accident wrongful death claim, call (800) 784-9180.