Wrongful Death DUI Accident
Imagine hearing that about 200 lives were cut short, and the families and loved ones of those 200 men and women were left grieving unimaginable and unnecessary losses.
In each of these fatalities, the intoxicated motorist got behind the steering wheel. He or she put other lives at risk.
As for a decision to make, will you take action to hold the drunk driver liable and secure the financial future of your family? Will you file a lawsuit for wrongful death DUI accident.
You may have the opportunity to recover damages in the case of wrongful death DUI accident if your loved one died due to a drunk driver. Potential defendants in a New Hampshire drunk driving wrongful death case entail:
- The driver decided to drink and get behind the steering wheel of the vehicle. It is the driver who may be legally liable for the death of your loved one.
- If the motorist was under the age of 21, a social host is an adult who willingly and knowingly offers alcohol to a minor at home, a party, or anywhere else for that matter.
- If the driver was under the age of 21, an establishment such as a restaurant, a pub, or beverage store which sells alcohol to a minor may be responsible for the result of a drunk-driving death.
You’d need to prove that the underaged driver was inebriated due to the alcohol provided by the business or social host in order to recover damages from among the potential defendants.
If a criminal case is pending should you file a wrongful death DUI accident case?
Brought by the survivors of the individual killed in the drunk driving collision, and a criminal DUI case brought by the state of New Hampshire, a civil wrongful death case are independent legal proceedings.
There are vital differences between a criminal drunk driving case and a civil wrongful death case. For example, evidence necessary for the plaintiff (civil case) or prosecutor (criminal case) to win.
As the plaintiff in a civil case, you don’t need proof beyond a reasonable doubt that the motorist was intoxicated when he or she was liable for the death of your loved one.
You need, instead, to prove that the motorist was negligent by what is referred to as preponderance of the evidence. More likely than not the negligence of the driver responsible for your loved one’s death.
As for potential damages and punishments, a criminal case solely will result in time behind bars. Likewise, a civil case solely will result in damages for you. Hence, the possible outcomes of a civil and criminal cases are dissimilar.
Essentially, in order to secure the financial future of your family, as well as legal rights, it is crucial to make pursuit of a civil wrongful death case even if the state of New Hampshire is in pursuit of criminal charges against the intoxicated motorist for being in violation of the law.
You may have suffered the most devastating loss due to another’s decision to drink and operate a vehicle. However, it is still not likely for the insurance company to offer you a reasonable settlement unless you take action.
Fortunately, you don’t have to take action alone. You have the right to seek assistance from an esteemed wrongful death attorney in Nashua or an attorney for other motor vehicle accidents.
Anzalone Law Firm, PLLC attorneys will assist your wrongful death DUI accident as far as recovery of damages and injuries. Contact us at to schedule a free consultation at: 603.548.3797. We will review your claim and let you know the best route to take.