If your family member died because of a crash caused by a driver under the influence of drugs, you might be able to pursue a wrongful death claim. If a person is injured in a car accident, he or she can pursue a personal injury claim.
A wrongful death claim is like a personal injury claim that is filed by the family of the decedent to recoup compensation for the damages.
If you have had a loved one killed after being hit by a driver under the influence of drugs, you should consult with a wrongful death attorney about pursuing a claim against the liable party.
Damages Pursued in a Wrongful Death Claim After Being Hit by a Driver Under the Influence Of Drugs
Various damages can be recovered through a wrongful death claim. The damages are usually listed in two categories.
The first group of damages are those suffered from the moment that the negligent act was committed to the time when the victim died, regardless of whether the death took a few minutes, a few days, a few weeks, or even longer. Usually, these damages include medical expenses, lost wages, and burial costs.
The next group of damages are those that are suffered from the death of the individual and include lost wages from the time of death until the age when the accident victim would have retired.
The Role of Negligence in a Wrongful Death After Being Hit by a Driver Under the Influence of Drugs
To be successful with your wrongful death claim after being hit by a driver under the influence of drugs, you will need to prove that the other driver was negligent. There are four elements of negligence. All four elements must be met.
First, you will need to show that the driver had a duty or responsibility. In this case, it was the duty or responsibility of following traffic regulations and acting in a manner to protect others from harm.
Second, you must show that duty was breached. It was breached in this case when the driver got behind the wheel while under the influence of drugs.
Third, you must prove that the breach of duty caused the crash. As an example, the drugs impacted the driver’s reflexes and caused blurred vision which led to the crash.
Then fourth, you will need to prove that the death was the result of the injuries suffered in that crash.
Consult with a Wrongful Death Attorney
If you have suffered the loss of a loved one because of a driver who was driving under the influence of drugs, you should consult with a personal injury lawyer who handles wrongful death claims.
To pursue a claim for wrongful death after being hit by a driver under the influence of drugs, you will need a lawyer who can help you build a strong case that shows negligence and damages suffered.
Schedule your free case evaluation today!