DUI Wrongful Death Lawyer

DUI Wrongful Death Lawyer - Wrongful death attorneys fighting for your family. Free consultation. Call (818) 514-7680.

California Wrongful Death Attorneys

Compassionate wrongful death representation for families who have lost a loved one due to negligence. We handle wrongful death claims from car accidents, truck accidents, medical malpractice, workplace accidents, defective products, and elder abuse.

California wrongful death statute of limitations: two years. Free consultation: (818) 514-7680.

Fees, Costs and Case Results

Where representation is offered on a contingency basis there is no attorney fee unless we recover, and the firm advances case costs — filing fees, expert witnesses and medical records — which are then repaid out of any recovery. If there is no recovery, you owe no attorney fee. The specific terms that apply to a matter are set out in the written fee agreement for that matter.

Where this site refers to a verdict, settlement or court order, that result was dependent on the facts of that case, and results will differ if based on different facts. Past results do not predict or guarantee the outcome of any other matter, and no particular outcome is promised or guaranteed.

Frequently Asked Questions

Can I sue a drunk driver for wrongful death in California even if they face criminal charges?
Yes. Criminal prosecution and civil wrongful death claims are entirely separate proceedings. The criminal case is brought by the state to punish the offender, while the civil case is brought by the family to recover compensation. A criminal DUI conviction (or plea) can be used as evidence in the civil case. You do not need to wait for the criminal case to conclude before filing your civil claim.
What punitive damages are available in DUI wrongful death cases?
California allows punitive damages in DUI wrongful death cases because driving under the influence constitutes "conscious disregard" for the safety of others -- meeting the threshold under Civil Code 3294. Punitive damages have no statutory cap and are based on the defendant's financial condition. Courts consider the driver's BAC level, prior DUI history, and the circumstances of the crash when determining punitive damage awards.
What is dram shop liability in California DUI wrongful death cases?
California's dram shop law (Business & Professions Code 25602.1) limits liability of alcohol sellers but creates an exception for serving alcohol to obviously intoxicated minors. However, businesses can be liable under general negligence principles if they continue serving a visibly intoxicated patron who then causes a fatal accident. Social host liability under Civil Code 1714 may also apply when private hosts provide alcohol to minors.
What is social host liability in a DUI wrongful death case?
California Civil Code 1714(d) provides that furnishing alcohol to someone who then causes injury generally does not create liability for the furnisher. However, there is an important exception: adults who furnish alcohol to minors under 21 can be held liable for resulting injuries and deaths. If a party host provided alcohol to an underage person who then caused a fatal DUI crash, the host may face civil liability.
How does a DUI criminal conviction affect the civil wrongful death case?
A DUI conviction is powerful evidence in the civil case. Under California Evidence Code 1300, a criminal conviction can be admitted as proof that the driver was under the influence and caused the accident. A guilty plea or conviction essentially removes the need to prove liability in the civil case. Even without a conviction, BAC evidence, toxicology reports, and field sobriety test results remain admissible.
What is the average settlement for a DUI wrongful death case in California?
What a claim is actually worth turns on the documented medical course and prognosis, proven lost earnings, the share of fault attributed to the claimant, and the insurance limits available to pay a judgment. Factors affecting value include the driver's BAC level, prior DUI history, the decedent's age and earning capacity, number of dependents, and the defendant's financial resources for punitive damages.
What BAC evidence is used in DUI wrongful death cases?
Key BAC evidence includes blood alcohol test results (blood draw or breathalyzer), toxicology reports showing drugs in the driver's system, field sobriety test results, officer observations of impairment, bar or restaurant receipts showing alcohol purchases, surveillance video from establishments, witness testimony about the driver's drinking, and retrograde extrapolation calculations to determine BAC at the time of the crash.
What is the statute of limitations for a DUI wrongful death claim in California?
The statute of limitations is two years from the date of death (CCP 335.1). However, families should act quickly to preserve evidence such as BAC records, surveillance footage, and bar receipts. Criminal cases often proceed faster than civil cases, so coordinating with the criminal prosecution can provide valuable evidence for the civil wrongful death claim.

Contact Trembach Law Firm

Trembach Law Firm, APC

27001 Agoura Road, Suite 350, Calabasas, CA 91301

Phone: (818) 514-7680

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