Drunk driving is a serious offence. Drunk driving can result in accidents. Victims of drunk driving accidents can seek compensation from the drunk driver and also from other sources. Even if the drunk driver is not punished through the criminal justice system, the victim or family members of the deceased victim have the right to receive financial compensation. This can be done by filing a claim for personal injury and/or wrongful death in a civil court.
Personal injury
Personal injury is an injury, either physical or psychological suffered by a person as the result of an accident. A victim who survives a drunk driving accident can file a personal injury lawsuit against the drunk driving for damages. Under state laws accident victims are entitled to recover money damages from a drunk driver and their insurance company for personal injury.
Wrongful death
Wrongful death is a death caused by wrongful act or from negligence. Drunk driving is the very definition of negligence. When drunk driving is the cause of a fatal accident, it will give rise to a wrongful death claim. A wrongful death case can be brought against the drunk driver who caused the accident and monetary compensation can be pursued. The family members and heirs of the deceased can seek damages for lost support and services, loss of spousal companionship, loss of parental companionship, medical bills and funeral expenses. In most states, the family members and heirs of the deceased who can bring a claim for wrongful death are the deceased’s spouse, children and parents. Blood relatives and adoptive siblings dependent on the deceased can also file a claim for wrongful death.
Sources of compensation
Those who drink and drive knowingly put others at risk. If the driver responsible for the accident was legally drunk at the time of the accident, he may be liable to pay punitive damages for pain and suffering, medical expenses, lost wages, and property damage in addition to compensation. In many cases, the owner of the car that allowed the drunk person to drive the car can be held responsible for putting the keys in the hands of the drunk person. This is known as negligent entrustment. Forty-three states and the District of Columbia have statutes or case laws that hold commercial servers of alcohol liable for the harm caused by their intoxicated patrons.
Getting legal help
Talk to an experienced car accidents attorney to know more about drunk driving accident and possible compensation. The attorney can study your case and identify the various sources of compensation. Generally there is no set amount of damages the victim or the family members of the deceased victim can claim from the drunk driver.
