Q: If someone was drunk, but got hit by someone else and died, can we still file a wrongful death suit?
A: Absolutely - Whether or not you will win is entirely a separate matter.
A: I do not practice in Illinois, but an Illinois attorney who handles wrongful death cases should be able to advise you in a meaningful manner as to whether or not it would be viable for you to bring a wrongful death action, as the facts outlined here do not mention whether the person was an innocent bystander, the operator of a motor vehicle, a passenger, a pedestrian, a victim in an altercation, or other capacity. Importantly, based on the facts and circumstances, such an attorney could advise you of timeframe within which you need to take action to preserve legal rights here.
A: Assuming the drunk was not at fault, yes. I've represented DUI's who were rear ended and otherwise blameless. Contact a member of the Ill. Trial Lawyers Assn to discss.
A: If the other driver was at fault for causing the collision, then yes you can still file a wrongful death lawsuit.
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