Q: My daughter was killed by a repeat drunk driver who was driving without a license.
Are we able to file a wrongful death claim against this person even though he's also been charged criminally?
A: First and foremost, I am painfully sorry to hear about your lose. My deepest condolences. To answer your question, yes, you are certainly able to file a wrongful death claim against the person even though he has been charged criminally. Before taking any action on the matter, I would recommend reaching out to an attorney individually to obtain more comprehensive answers your questions. In addition, many of us offer free consultations into these matters, so you can obtain a professional opinion at no cost. A knowledgeable attorney will review the details of your case, and advise you as to your options moving forward.
A: My apologies for discussing this in a clinical /cold way but that is how we have to analyze things. If your daughter was married or had children, suit can be filed by/on behalf of them. You have a claim as well under most laws.
Claim would be against the drunks insurance. If your daughter's car carried "underinsured motorist" coverage would be claims under that. If the drunk was served alcohol the server would have liability. Depending on the way it happened,whether the car is available, the year of the car, there may be a claim against the manufacturer of your daughters car if the car wasn't "crashworthy." Contact a member of the Iniduana Trial Lawyers Association that handles "crashworthiness" cases. If you need names let me know.
I agree with this answer
A: Why would you do that? No attorney would take the case on a contingency because there is no insurance. You would go to all the time and expense of preparing for a trial where you would doubtless secure a handsome verdict which the deadbeat would immediately discharge in bankruptcy.
Your only option is a claim against your or your daughter's insurance company on a UM claim. Consult a personal injury attorney to explain the details without cost or obligation.
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