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How can a wrongful death lawyer help after a car accident?

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How can a wrongful death lawyer help after a car accident?

December 14
17:24 2020
How can a wrongful death lawyer help after a car accident?

Drunk Driving Crashes are Often Deadly

Until someone loses their life to a drunk driver, their family may not understand the severity of this problem. Drunk drivers can face criminal and civil penalties. A personal injury attorney can help a family seek justice under civil laws.

Despite widespread campaigns, public service announcements, and education, drunk driving still remains a top problem in America today. Illinois is no stranger to the damage that drunk drivers cause, one of them being fatalities. Drunk driving doesn’t discriminate and can impact anyone. Those who decide to drive while they are under the influence of alcohol not only face criminal penalties, but they can face civil ones as well. Chicago wrongful death lawyers can help clients who have lost a family member that lost their lives in a drunk driving accident. 

Drunk Driving Statistics

According to the U.S. Centers for Disease Control:

  • About one in three traffic deaths involve a drunk driver
  • There were over 3,800 people killed in crashes with a drunk driver between 2003 and 2012
  • People age 21-34 are the most at risk of being killed by a drunk driver
  • Nationally, 1.9 percent of people report driving after consuming too much alcohol
  • In Illinois, 2.2 percent of people report driving after consuming too much alcohol

Although drunk driving accidents have decreased from what they were, people are still losing their lives at alarming rates. A Chicago wrongful death attorney can’t bring a loved one back. However, they can seek compensation and justice for grieving family members.

Drunk Driving: Criminal vs. Civil Law

When someone faces criminal drunk driving charges, they aren’t immune to civil litigation also. These systems are entirely separate. The state will bring criminal charges against the driver. If convicted, they will be subject to criminal penalties like imprisonment, fines, probation, community service, driving restrictions, or possible loss of their driver’s license. 

A Chicago wrongful death lawyer could help family members bring a civil claim against the drunk driver. If a claim is successful, they could receive compensation for their damages and possibly punitive damages. The outcome of the criminal case and the outcome of the civil case don’t depend on each other. However, sometimes the outcome of a criminal case can influence the civil outcome. 

Illinois Wrongful Death Laws

According to Illinois law, a wrongful death claim can be brought by certain parties if the death was “caused by a wrongful act, neglect, or default.” Generally, if the deceased party could have filed a personal injury lawsuit if they were alive, someone can file a wrongful death lawsuit on their behalf. 

If the decedent appointed a personal representative before dying, that person will bring their claim. If they didn’t appoint one, the court will appoint one for them. This person could be:

  • Their spouse 
  • The parent, if the deceased was a minor at the time of their death
  • The deceased’s adult child 

Your Chicago wrongful death attorney can help families determine who will need to file the lawsuit.

Did Someone Lose Their Life to a Drunk Driver? Call a Compassionate Chicago Wrongful Death Lawyer Today

When a family’s life is turned upside down because of a drunk driver, seeking qualified legal advice is essential so that they can make informed decisions about the case, seek justice for the deceased loved one, and recover fair compensation. Schedule a free, confidential case consultation with the skilled wrongful death attorneys at Malman Law today. Contact us via phone at (312) 629-0099 or complete our online contact form.

Media Contact
Company Name: Malman Law
Contact Person: Steven Malman
Email: Send Email
Phone: (312) 629-0099
Address:205 W. Randolph St., #1700
City: Chicago
State: Illinois, 60606
Country: United States