Massachusetts Personal Injury Library
My Loved One Was Killed by a Drunk Driver (Part B)
After you have made your loved one’s funeral arrangements and selected a Boston wrongful death attorney, you will want to ensure that justice is served for your loved one. Knowing that a life was cut short because of a drunk driver’s selfish and negligent actions can be hard to bear. Fortunately, there are several ways to get justice for victims of drunk driving accidents.
Pressing Criminal Charges Against a Drunk Driver in Massachusetts
Whenever a drunk driver kills another person in a car accident, there are severe repercussions under the law. In 2005, Massachusetts enacted new penalties for those who are caught drinking and driving. If their actions result in a death, they can be charged with Manslaughter by Motor Vehicle. This OUI offense was created by Melanie’s Law, which was named for a 13-year-old girl who was struck and killed by a drunk driver.
If the District Attorney elects to charge the drunk driver with Manslaughter by Motor Vehicle or Motor Vehicle Homicide, you may play a role in the trial or sentencing. Many OUI cases are settled or pleaded out before they reach trial, but some are not.
If the case goes to trial, you may be asked to prepare a victim impact statement for the judge or jury. This is most commonly requested after a conviction has been handed down and the judge is deciding on an appropriate sentence. This is your opportunity to tell the court how the driver negatively affected your family by drinking and driving.
Filing a Civil Lawsuit Against a Drunk Driver in Massachusetts
In addition to the criminal charges, you may also have the opportunity to file a civil lawsuit against the drunk driver. Having an experienced Massachusetts wrongful death lawyer will be imperative if you decide to bring a drunk driving lawsuit against the person charged with drinking and driving.
In many cases, you can sue the drunk driver for:
- lost wages,
- medical expenses,
- funeral costs and
- general pain and suffering.
If the driver has little money, assets can be seized by the state to pay any awards or judgments. Sometimes the driver will elect to settle out of court once the drunk driving lawsuit has been filed. You should be aware however, that Massachusetts has a statute of limitations that may prohibit you from filing a lawsuit if too much time has passed.
To find out more about your legal options, call the personal injury lawyers at Kiley Law Group. Located in Boston and Andover, we serve clients anywhere in Massachusetts.
Call 1-888-208-1695 for a Free Legal Evaluation.
