In Hawaii, a drunk driving accident with a fatality is an event that leads to a wrongful death lawsuit. The driver made a choice to drive when they were impaired, and the victim’s family suffered the loss of a loved one. The financial award won’t bring back their loved one and won’t measure up to the emotional hardship the family experienced. It will provide the family with adequate funds to manage existing medical and funeral costs. A Wrongful Death Lawyer in Hawaii helps families review the expectations and possibilities offered by the lawsuit.
Reliving the Accident
The court requires a full account of the accident. For families, it is the most difficult part of the lawsuit. Witnesses testify to the series of events that caused the accident, and a forensic doctor provides the findings of the autopsy. In some proceedings, the defendant provides an apology for their actions and pleads their case.
How Long Does the Lawsuit Last?
The duration of the case depends on the volume of evidence. The defendant’s attorney will make attempts to settle out of court if possible. While it’s not set in stone, the cases last for two to six months. The strength of the evidence against the defendant also plays a role in the length of the trial.
The Possibility of Restitution
In criminal proceedings, the court imposes an order for restitution for drunk driving fatalities. The value of the restitution depends on all financial losses incurred by the family and the age of the victim. An award of restitution won’t prevent an award in a civil case. Restitution is a method of punishing a criminal defendant, and the monetary award provided in the civil case is to reimburse the family for the losses.
Tort-Based Rulings in Civil Cases
Non-economic damages are awarded in civil cases for emotional distress as well as pain and suffering. The value of the award is determined by the loss the family experienced. For example, it is a possibility for the family to receive additional funds if children were orphaned.
In Hawaii, a drunk driving accident with a fatality is grounds to file a wrongful death lawsuit. All auto fatalities require an autopsy. The findings determine if the defendant is guilty of additional crimes. Families that need the services of a Wrongful Death Lawyer in Hawaii visit Autoaccidentattorneyhonolulu.com now.
