Driving under the influence (DUI) of alcohol or drugs is illegal in every state, yet intoxicated driving continues to be one of the leading causes of serious accidents throughout the country each year. When you have lost a family member from a drunk driving accident, it is vital to know your options for legal recourse and the value of working with a seasoned Colorado wrongful death lawyer as you pursue accountability.
The DUI Laws
Every driver has a duty of care to operate their vehicle responsibly, and this includes refraining from driving after consuming drugs or alcohol. Colorado, like every other state, measures alcohol intoxication by blood-alcohol concentration (BAC). The legal limit for most drivers is .08%; the legal limit for commercial drivers is .04%; and the legal limit for drivers under the age of 21 is zero. Any detectable BAC will lead to a DUI charge.
Police officers conduct traffic stops for suspected DUI when they witness drivers committing moving violations, driving erratically, or placing themselves and other drivers at risk. It is also possible for a driver to be arrested for DUI after causing an accident, and unfortunately, many DUI accidents result in catastrophic or fatal injuries.
Filing a Wrongful Death Suit Against a Drunk Driver
A wrongful death claim can effectively replace a personal injury claim when the victim does not survive their injury. This civil suit is filed by the family of the victim against the party responsible for causing the death. Just like a personal injury claim, a wrongful death claim requires proving fault before any compensation can be collected. When your loved one has died from a drunk driving accident, fault is typically readily apparent.
An experienced Colorado wrongful death lawyer can be an invaluable asset as you build your case. You will need a copy of the police report from the accident as well as any evidence from the scene of the crash, testimony from witnesses, and various forms of digital evidence. Remember that the criminal case against the drunk driver is filed by the state, and your wrongful death claim is a separate civil action with a different standard of proof.
Your attorney can assist you in building your civil claim against the drunk driver. The family of the victim of a wrongful death can typically seek compensation for funeral and burial expenses, lost financial support that the deceased provided their family, and damages to the deceased’s estate. The family also has the right to claim limited pain and suffering compensation.
If your loved one died due to illegal misconduct like intoxicated driving, the effects of the criminal case against the defendant could include increased compensation for your family in the form of restitution and/or punitive damages. Your wrongful death lawyer can explain the implications of the criminal case against the defendant to you.
The Law Firm of Jeremy Rosenthal can assist you and your family in taking full advantage of your right to legal recourse against the drunk driver who caused your loved one’s fatal accident. You have a limited time in which to build your case, so it is crucial that you speak with an experienced Colorado wrongful death lawyer as soon as possible.
FAQs
Q: How Much Is a Wrongful Death Lawsuit Worth?
A: The objective of a wrongful death claim is to hold a defendant accountable for the damages their actions have caused to the family of the victim. Many variables influence the potential value of a wrongful death suit, such as the income earned by the victim prior to their death, their age, and their family’s unique needs. A wrongful death lawyer can assess your claim’s total potential value.
Q: Who Can Sue for Wrongful Death?
A: State law limits eligibility to file a wrongful death suit to the surviving spouse and/or heirs of the victim. If the deceased had an estate plan in which they named a personal representative and the estate plan is legally enforceable, their personal representative will likely act as the plaintiff in the wrongful death suit on behalf of the beneficiaries of the deceased’s estate.
Q: How Long Do I Have to File a Wrongful Death Suit?
A: Wrongful death claims have the same statute of limitations as personal injury claims, meaning a plaintiff must file their claim within two years of the death. It will take time to gather the documentation and evidence you will need to file your claim, so it is important that you connect with a Colorado wrongful death lawyer as soon as possible so they can begin helping you build your case.
Q: What Are the Penalties for a Fatal DUI Accident?
A: The penalties for DUI can include fines, suspension or revocation of the driver’s license, jail time, mandatory drug and alcohol counseling, and other penalties assigned at the discretion of the judge. However, the state applies a sliding scale for multiple DUIs within a few years, and DUIs that result in great bodily harm or death will automatically incur harsher penalties. Drivers who cause fatal injuries from intoxicated driving often face felony prosecution.
Q: Why Should I Hire a Wrongful Death Attorney?
A: Fault for your loved one’s recent death may seem perfectly clear, but the actual process of ensuring accountability can be more challenging than you expect. This will also be an emotionally stressful case, and an experienced legal team can be a tremendous asset in many ways. Your attorney can streamline your proceedings, shortening the time required to complete your case, and they can also increase your chance of maximizing your case award.
The Law Firm of Jeremy Rosenthal has assisted many past clients with a wide range of difficult cases, including wrongful death claims arising from intoxicated driving accidents. When you choose our firm to represent you, you will have a compassionate and responsive legal advocate ready to address your unique concerns as your case unfolds. Contact us today to schedule a free consultation with a Colorado wrongful death lawyer and learn how we can help.
