Q: If someone is killed by a drunk driver, does the state file charges or are we able to sue for wrongful death?
A: In such a circumstance, criminal charges will likely be pursued by the State. However, individuals (or Estates of individuals) who have suffered harm my pursue a civil action against the drunk driver, or against an establishment that allegedly served alcohol to an intoxicated patron, contributing to the tragedy. There may also be other factual scenarios requiring investigation of other possible civil claims.
A:
Normally, the State would bring criminal charges against the Defendant for his/her actions including OUI manslaughter if there is enough evidence for the charges.
The family, next of kin of the deceased person would also be able to file a civil case against the defendant to seek a recovery.
I would highly recommend you contact an experienced attorney to discuss your options
A: A civil wrongful death lawsuit would not be prevented in the event the state brings a criminal action against the drunk driver. The two actions are completely separate. Whether there would be a criminal action filed depends on the facts and the investigation handled by the police/state.
A: Both. Contact a member of the Mass Academy of Advocacy. If you need the names of some, let me know. The claim is made by the estate, and the estate is set up by the immediate family.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
