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What happens if the death was caused by a criminal act, like a DUI accident?

Published May 16, 2025 by David Wolff

https://youtu.be/nOqrPN81zvk

In the attached video, David Wolff explains what happens legally when a death is caused by a criminal act, such as a DUI accident. This is an important issue that involves two branches of law: criminal prosecution and civil action.

When someone causes a fatality due to a criminal act, such as driving under the influence, they can be prosecuted by the state for their criminal behavior. However, this criminal prosecution doesn’t provide compensation to the victim’s family for their loss. That’s where the civil legal process comes into play. The family or the estate of the deceased can hire an attorney to pursue a civil case and hold the at-fault party accountable for their actions.

In these cases, the driver who caused the death by driving drunk can be held liable for the pain and suffering experienced by the victim. This is based on a “reasonable person” standard, which means the defendant’s actions are judged by what a reasonable person would do under the circumstances. This process can be complex, with multiple legal actions happening at the same time. That’s why it’s essential to have an experienced attorney to guide you through the process.

An attorney can help secure insurance coverage that protects the responsible party and can also pursue personal liability against the defendant. Additionally, strict deadlines, sometimes as short as 30 days, can complicate the situation, making it crucial to act quickly.

If you’ve lost a loved one in a DUI accident, don’t navigate this complex process alone. Call us at Caner Wolf NeCastro & Hall at 716-848-8000 for a free consultation. Let us help you hold the responsible parties accountable and get the justice and compensation your family deserves. We win—it’s just that simple!

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