Filing a Wrongful Death Lawsuit After Losing a Loved One to a Drunk Driver
- January 28, 2019
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After losing a loved one, the last thing you want to think about is how you will compensate on behalf of your loved one. As the finances start piling up and you deal with the vast emotions related to these accidents, however, you might find that it is extremely difficult for you to move forward without financial help from an experienced attorney. One of the issues that many people worry about when it comes to their wrongful death lawsuits is the fact that they will have to work to determine liability and prove that somebody acted in such a negligent fashion that it caused the death of their loved one.
Luckily, in the midst of a drunk driving case that caused these losses, it is not entirely difficult to show that another party acted in a negligent fashion. Everybody knows that drunk driving is against the law in New York, which means that a drunk driver will be the center of attention when it comes to these cases. Drunk drivers are the cause of many deaths every year, so it is no surprise that they are almost always considered liable in these accident cases.
Recent statistics show us that, between the years 2003-2012, over 3,700 people lost their lives in New York drunk driving crashes alone. Of course, many more were hospitalized for serious injuries related to these accidents. If you have lost a loved one due to the negligence of a drunk driver, there is a good chance that you will be able to move forward with a wrongful death claim for compensation that will help you and your loved ones through this difficult and devastating time.
What Your Wrongful Death Lawsuit Entails
Wrongful death claims are especially helpful for families who have suffered such losses from losing somebody close to them that now they are struggling financially or emotionally. They involve a defendant who has acted in an especially reckless manner to contribute to the fatal results, which is obvious in drunk driving accidents. Though it is difficult to fathom putting a monetary amount to a loved one’s death, it is sometimes necessary for loved ones to move forward.
To have a successful wrongful death claim following a drunk driving accident, one of the biggest elements that you will have to show is that the defendant’s reckless actions led to the fatality. Did the defendant owe your loved one and others on the road a duty of care to act in a certain way and did not uphold this duty? For instance, the defendant might have owed a duty to refrain from drinking and driving but instead went out with friends without making plans to have a designated driver beforehand, drank, and got behind the wheel of a car. They breached this duty and it led to your loved one’s harm.
Receiving Compensation with the Help of an Attorney
With the help of an experienced attorney, you can work through the circumstances of any case and receive the compensation you deserve to cover damages in your wrongful death claim. If you are the survivor of a loved one whose life was taken too soon, you could receive a wide variety of damages such as lost wages, loss of companionship, loss of earning capacity, medical bills before your loved one’s death, and funeral costs.
At Antin, Ehrlich & Epstein, LLP, our experienced car accident attorneys have handled a wide variety of personal injury cases, including wrongful death cases stemming from drunk driving in New York. Luckily, if you are facing one of these difficult times that leaves you in a desperate situation, you have an attorney who is willing to fight for your rights and defend you when you need help showing that another party is liable for the loss of your loved one. We will stand by your side every step of the way as you navigate the legal system. Contact us for more information at 212-221-5999.