Are wrongful death claims possible after DUI convictions?

People sometimes file wrongful death lawsuits for closure when the state denies them justice. After a drunk driving crash kills someone, the people affected by the tragedy typically expect state authorities to bring driving under the influence (DUI) charges against the drunk motorist.

Sometimes, a lack of evidence or aggressive plea bargaining might result in the courts dismissing a case or letting the impaired driver plead down to a lesser offense. In those cases, wrongful death lawsuits may be the only source of justice available.

Uncertainty about rights when the state has secured a conviction can prevent families from taking action. Can families affected by a fatal drunk driving crash file a lawsuit after the courts convict a drunk driver?

Timing is key in wrongful death cases

As a general rule, survivors seeking compensation after a tragedy can file a wrongful death lawsuit after the courts convict a drunk driver of a DUI offense. Seeking economic compensation from a driver is not the same thing as the state prosecuting them again.

Double jeopardy protections do not prevent individuals from taking legal action against a person already convicted of a crime. In fact, a conviction can actually strengthen a DUI wrongful death claim by showing conclusively that the defendant broke the law and caused the tragedy.

However, if the legal process takes too long, then a wrongful death lawsuit may no longer be an option. California imposes a two-year statute of limitations, which sometimes means that families must file the lawsuit before the courts resolve the criminal case.

Reviewing the circumstances of a DUI-related wrongful death can help survivors understand their options. A successful lawsuit can offer both financial compensation and a degree of closure for those affected by an alcohol-fueled tragedy.