Wrongful Death Claim after a car accident involving an intoxicated driver

Fatal car accidents are an extreme tragedy that hopefully most of us never have to deal with in our lifetimes. Unfortunately, we know that some people will meet this grim prospect head-on, and it is important that they have the information they need to make informed decisions about what steps they need to take next. The more prepared a person is, the better they can deal with these difficult issues when the time comes.

Who can create a claim for a fatal accident?

It is important to speak with a Utah wrongful death attorney as soon as possible after a fatal accident. Despite the emotions that you might be feeling, it is best to try to get yourself sat down in front of this type of attorney to go over your options for what kind of moves you can make next. It is going to be a conversation that you might wish you could avoid, but you can at least lay out the broad parameters of what an Utah DUI accident attorney can help you with, and who qualifies as someone who can file a claim in a fatal accident.

What your Utah fatal car accident lawyer is very likely to tell you is that the next of kin is the person most likely to file a claim in a deadly car accident situation. It doesn’t always have to be the next of kin, but that tends to be the person that the court will view as having “standing to sue”. They have been directly harmed by the death of their loved one, and this gives them the right to stand up in front of open court and make their case.

What is the statute of limitations?

Personal injury lawsuits of all kinds have a four-year statute of limitations in the state of Utah. That said, Utah personal injury attorneys will tell you that it is critically important to get your case filed as rapidly as possible after the incident. Four years seems like plenty of time to get your ducks in a row, but the problem with this type of thinking is the fact that time will quickly slip away from you when you set up your life like this. It takes a very long time to get cases processed through the court, and you don’t want to waste any time while the clock is ticking. Your Utah car accident attorney will also tell you that you might jeopardize your own case if you allow too much time to go by. The best time to collect evidence, in any case, is as soon as possible after the incident has occurred. Thus, you want your Utah wrongful death lawyer pounding the pavement to help you get the outcome that you deserve as soon as possible.

What kind of damages can be claimed?

There are multiple types of damages that the courts recognize. In cases of someone being in an automobile accident involving an intoxicated driver, it is possible to win both financial and non-financial damages. The financial damages are obviously damages meant to cover one’s medical expenses and other bills that they may have received as a result of the accident. The non-economic damages are typically punitive in nature with the intoxicated driver needing to pay some kind of criminal penalty for what they have done. This most often translates to time in jail for the intoxicated driver.

When dealing with an intoxicated driver are you eligible to receive punitive damages?

While it is nice to see an intoxicated driver hauled off to jail to start to pay a criminal penalty for their actions, this is not the only way that someone may want to seek justice. There are plenty of people who also would like to see the accused pay a penalty in terms of punitive monetary damages that they may be charged for their actions. It is possible to claim at least some punitive damages if you use the services of Howard Lewis & Petersen to help you find the right lawyer to win your case. Getting the maximum amount in damages is essential to both winning your case and to make a real impact on the way that you can move forward with your life.