A 6-year-old was killed in a felony DUI accident Sunday morning in Lexington, SC, according to the Police Department. She was a passenger in a vehicle that was hit by a vehicle traveling west on Sunset Boulevard around 10:40am. The accused has been charged with felony driving under the influence causing death and felony driving under the influence causing great bodily injury.
Felony DUI and Wrongful Death
In this country we have a procedural defense known as double jeopardy. This prevents an individual from being prosecuted for the same crime twice. Some get confused by this when such an accident results in a felony DUI charge and a wrongful death claim. These are different legal actions generated from a the same incidence. The criminal charge tries to punish and deter dangerous and potentially harmful behavior in the future. The later is to restore the victim’s family from the catastrophic financial damage caused by an accidental death.
Imagine your child is killed by a drunk driver. You will be deprived the lifetime of love and affection for the remainder of your life. You can also imaging if the victim is the primary income earner for the family. While grieving, they must ask “how will we pay the bills?” Each state has their own wrongful death laws, but generally they will address compensation for:
* Medical and funeral expenses
* Loss of project income
* Loss of support services
* Lost prospect of inheritance
* Loss of companionship
Law Suit Following Felony DUI
There isn’t enough money to make right the wrongs of an accidental death. A law suit can relieve the family of the financial hardships created by the negligent party and allow them to focus on the future. A future without the loved one killed in a preventable accident, like those resulting from felony DUI.