Tuesday, May 26, 2015
Dealing with Loss because of a Drunk Driver
The loss of a loved one is never easy. However, it is exceptionally difficult when the loss is due to someone else's negligent and careless behavior. Besides the emotional anguish, there is the financial turmoil left upon the family to deal with. There are burial expenses, unpaid medical expenses, and if the loved one was a parent who worked, a loss of income to the family.
Following a wrongful death such as this, Los Angeles and surrounding counties allow for the family to file a wrongful death claim against the drunk driver. This claim can be paid from the insurance company who covered the car. If the insurance coverage is not enough, the drunk driver can be personally sued for monetary restitution. The damages awarded can be to cover anything from the funeral expenses to the loss of income for the family.
In many drunk driving cases where there has been a wrongful death, the monetary benefit allowed can be substantially greater than that of a normal case where there was no negligence. However, the party who is filing the lawsuit must be able to prove that the negligence caused or contributed to the accident.
While it may seem simple to prove negligence in a drunk driving case, the laws that govern these proceedings are complex. It is often necessary to ask an attorney for assistance in settling with insurance companies and the individual who caused the accident.