Losing a loved one to a drunk driver is devastating. Drunk driving accidents are easily avoidable and completely senseless. It can be extremely painful to have a close family member taken from you because someone else made the choice to drink or use drugs and then get behind the wheel. Generally, the drunk driver (or their insurance company) is liable for the irreparable damage they have done. They are also likely going to be criminally prosecuted. Bringing a wrongful death action is another way that you can hold the drunk driver accountable for your family member’s death. An attorney can help you by taking control of your claim so that you can grieve in relative peace. 

Do I Have to Prove That the Drunk Driver Was Negligent in Causing a Death?

If you can prove that the driver was drunk, then no. Illinois uses the “negligence per se” system. This means that if a person breaks a law that is in place to keep the public safe and causes the type of harm the law sought to prevent, they are automatically liable for the damage they did. Because the law against intoxicated driving is meant to prevent accidents that can hurt or kill people, the diver’s intoxication is likely to make him or her automatically liable. 

What Damages Can I Recover in a Wrongful Death Case?

Especially if you relied on your family member’s income to get by, the harm done to you likely encompasses much more than just your emotional damages. You may be able to recover compensation for: 

Being involved in a serious car accident that leaves you injured can be a traumatic experience. The injuries you experienced can take a lot of time and energy - and money - to manage appropriately. You may need to be very patient with your healing. You will need to put the effort into physical therapy to help your injury heal correctly. If you suffered a brain injury, the recovery process may be very difficult on multiple levels. The psychological effects of a major accident can also be harmful. You may experience panic attacks or PTSD symptoms, like having nightmares about the accident or being fixated on it. A lot of people are inclined to rush back into their normal daily activities. However, going back to your usual routine too early can be damaging. An attorney may be able to help ensure that you receive the compensation you need so that you can take this time to focus on your healing. 

Looking After a Physical Injury After a Crash

Pushing yourself too hard or failing to push yourself enough in physical therapy can both be harmful. You can be compensated for medical costs, so there is no reason not to get the proper treatment. Some tips include: 

• Attend follow-ups - Make sure you go to all the follow-up appointments your doctor recommends. If they would like you to see a specialist, like an orthopedist or neurologist, do so. 

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When you have been injured in a serious car accident, handling the legal side of the aftermath may be the furthest thing from your mind. Especially if your injuries are severe and you must remain in the hospital or stay in a rehabilitation facility for some time, you may not quite feel up to going to court. Paperwork might not seem so important when you are in pain and unsure whether your injuries will fully heal. Ideally, you would have plenty of time to physically and emotionally recover before needing to race down to the courthouse to file a lawsuit. Unfortunately, this is not always the case. California, like every other state, imposes rather strict time limits for filing a lawsuit related to a car accident. These time limits are referred to as “statutes of limitation.” These limits are one of the reasons that it is best to reach out to an attorney as quickly as you are reasonably able to after a crash. 

What is California’s Statute of Limitations After a Car Accident?

Under California state law, you will generally have two years from the date of the accident to file a lawsuit. This may sound like quite a lot of time, but in practice, it really is not. A lot of factors can slow you down after a crash. Anything from drawn-out efforts to negotiate without judicial intervention to difficulty in procuring evidence related to future expenses can delay filing for some. People with brain injuries or PTSD may need significant time to regain their memories of the accident or ability to testify. 

Are There Any Circumstances Where the Statute of Limitations Might be Different?

The statute of limitations can differ depending on the situation. Circumstances that can affect the time limit for filing a lawsuit after a car crash include: 

A little less than half of California residents rent their homes or apartments. Although many people choose to rent due to the costs of owning a home, renting can also be expensive. In fact, California has some of the highest rents in the country, responsible for seven out of the top ten expensive cities to rent in the United States. Many residents are considered rent-burdened, with 30 percent or more of their monthly income going to pay their rent. California does have a rent control law that some renters are fortunate enough to benefit from, but as a recent lawsuit shows, the law can frustrate landlords required to obey the law, and this can cause a great many landlord/tenant disputes.

San Francisco Lawsuit

The lawsuit involved a couple renting an apartment in San Francisco. The city has some of the highest rents in the state, with the rent for a two-bedroom apartment averaging $3,500. The couple filed the lawsuit in May 2015, accusing their landlord of subjecting them to months of harassment and erratic behavior. The landlord had purchased the property about a year before the lawsuit was filed.

According to the details of the lawsuit, the husband originally moved into the building in 1994. The two-bedroom apartment was under rent control, so this meant the rent could only be raised 1.5 percent each year. While the husband’s rent had only increased about 30 percent over the past 25 years, San Francisco’s rental average for a two-bedroom has increased more than 250 percent.