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What Should Families Do Legally After a Wrongful Death in a DUI Accident?

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9 Steps to Take After Losing a Loved One in a DUI Accident

Losing a loved one in a car accident results in a sudden and tragic loss that can leave a family reeling. When the death of a loved one is caused by a DUI accident, family members may not know what to do or where to turn for help. This type of accident can result in a wrongful death situation. While seeking compensation for the loss can’t bring your loved one back, it can help stabilize the future financially for those they leave behind.

Knowing what steps to take after losing a loved on in a DUI accident can help you work toward that closure and stability.

1. Contact Law Enforcement Immediately

If you are at the accident scene, call 911 and report the incident immediately. Ensure that first responders are dispatched to address any other injuries at the scene and that police officers arrive to manage the scene and capture evidence regarding the accident. If a person driving under the influence of drugs or alcohol was at fault in the accident, police officers will likely arrest them.

It’s important to allow law enforcement to handle this aspect of the accident. A loved one who is on the scene when someone is injured or killed in a DUI accident may be shocked and angry, but it’s critical to avoid inappropriate engagement or fighting with the other drivers involved, regardless of their state.

2. Gather Evidence at the Scene if Possible

After providing any applicable first aid assistance you can offer, ensuring yourself and others involved in the accident are removed from further risk of harm if possible, and calling 911, you may want to gather evidence at the scene. You shouldn’t move any physical evidence unless you need to move a person or vehicle to avoid a high likelihood of further accidents on the road. However, you can take pictures and videos of the scene with your smartphone. This type of video might be helpful during a future lawsuit in the matter.

3. Seek Necessary Medical and Mental Health Treatment

In the grief over losing a loved one, it can be easy to forget to take care of yourself. If you were also involved in the accident, seek medical care to ensure you are not seriously injured or to address those injuries. Consider seeking therapy or other mental health care to help deal with your loss whether or not you were involved in the accident itself.

4. Order a Copy of the Police Report

A few days after the accident, you can order a copy of the police report. This can provide some answers about what happened to your loved one if you were not involved in the accident. It can also fill in the gaps of knowledge you might have even if you were involved in the accident.

5. Talk to an Attorney About a Potential Wrongful Death Case

As soon as possible after the accident, and certainly before you sign any paperwork with or accept payments from an insurance company, talk to a personal injury attorney about the case. They can review the facts of the case based on the police report and help you understand whether you have options for filing a wrongful death case.

6. Work to Gather Necessary Documents and Evidence

If you plan to proceed with a wrongful death case, you may need to gather additional documents and evidence. Your attorney will likely do much of the work in gathering this information, but you may be asked to get documents such as the death certificate. It’s important to act quickly and respond to attorney requests in a timely manner to help support your case.

7. Decide How to Proceed With Any Civil Proceedings

Once your attorney has enough information, they can provide you with options for moving forward. Try to set aside your emotional response to these matters as much as possible so you can make an educated and logical decision about any potential wrongful death case.

8. Prepare for the Possibility of Criminal Proceedings

If you lost a loved one in a DUI-related car accident, know that a criminal proceeding is possible. If you were also involved in the accident, you may be called to testify in such a proceeding. Even if you aren’t ever involved in the criminal proceeding, you may hear or read about it via local news outlets, which can be distressing. Being mentally and emotionally prepared for these potential outcomes can help you face them. You may also want to discuss whether a criminal proceeding could have any impact on your civil case with your attorney.

9. Focus On Other Methods of Closure Too

Criminal and civil cases can bring a type of closure to families who have lost a loved one in a DUI accident. However, these types of cases aren’t the only closure possible, and it’s important to seek other methods of dealing with such loss to help protect your ongoing emotional and mental health—as well as the health of other family members. Consider options such as family and individual therapy to deal with the loss and memorials or other events that allow friends and loved ones to say goodbye.

If you have lost a loved one in a DUI accident caused by someone else, consider a free consultation with an attorney with no obligation to hire. Call Jarrett & Price, trial attorneys, at 855-909-3021 to make an appointment.

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