If mydaughter was killed as a passanger in a car with a drunk driver who died as well, do I have a lawsuit?

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If mydaughter was killed as a passanger in a car with a drunk driver who died as well, do I have a lawsuit?

If so for what?

Asked on December 17, 2011 under Personal Injury, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am sorry for your loss. If your daughter was a passenger in a motor vehicle wherein the drunk driver was killed as well, your daughter's family and the estate may have a lawsuit against the estate of the driver and the insurance company but it would depend on the laws of civil procedure in the state in which the accident happened. Wrongful death suits can be complex but ultimately, if the estate of the deceased driver isn't much and/or the insurance wasn't much, there may not be a worth to sue seeing as how any criminal liability or punishment has been rendered moot by the death of the driver.


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