The slightest thought of losing someone can trigger countless emotions in you. Imagine your reaction if a dear one becomes a victim of a nasty car accident and dies. The level of anger and frustration can reach the ultimate peak when you realize that the responsible party was drunk. The truth can shatter your life. While their memories will stay with you forever, you can exercise your legal right to claim damage for wrongful death and make the guilty pay for his actions. Monetary compensation is not a substitute for the loss one feels, but this financial support allows survivors to live their lives.
However, it’s a legal process requiring careful navigation for desirable consequences. Check with a reputable car accident attorney San Diego if you reside in this Californian city. They can explain the nitty-gritty of the entire system. Before this, here is a quick insight into a few legal aspects to make you understand the complexity of the procedure, so you hire an expert lawyer for this.
- Filing the case for wrongful death
A drunk driver will be sued in a criminal court if there has been a crime. For wrongful death caused by drunk driving, the matter goes to civil court. Law approaches the cases of wrongful death as a matter of negligence or an act. Filing for your case begins with specific documentation work that should be submitted in court. An attorney can handle this. Usually, these cases are considered in court if the filing is done within two years of the victim’s death. After the date has passed, you cannot file your claim.
- Eligible person to file a wrongful death claim
Under the law, only certain people can proceed with filing a lawsuit against wrongful death. The immediate person can be the spouse or a registered partner. Kids get the right after them, especially if the person doesn’t have a spouse or partner. Children can be biological, adopted, or from a second spouse. Minors can file a case under a guardian’s guidance provided by the court. If only grandchildren are there, they also have the right to proceed with the lawsuit. The next category of people includes minors who depended on the victim for financial support and care and spent a minimum of six months with them. Lastly, parents of the wrongful death victim could pursue this path if they received financial support from the victim. Suppose a minor died in a car accident. In that case, parents are allowed to take legal steps.
Heirs, next of kin, or personal representatives also get the consideration for filing the case. However, these are always the last people allowed to act on the case. Based on the situation, the first preference is spouse, kids, and parents. Again, determining eligibility can be challenging if multiple parties are involved and feel they have the right to claim for their loved one’s wrongful death.
These are just a glimpse of the complications one must go through during any legal process. If you want to save your time and effort, consult a qualified personal injury lawyer for direction. They can make this journey hassle-free and satisfactory.