Legal Question in DUI Law in Massachusetts

My daughter was killed by a drunk driver

what type of attorney handles the cases for the family of a person killed by drunk drivers. Does the family have to pay or is there some kind of fee based on the outcome?


Asked on 7/08/02, 4:03 pm

4 Answers from Attorneys

James Fiorentini Fiorentini Law Office

Re: My daughter was killed by a drunk driver

Our office, and the office of most personal injury attorneys, handle these cases on a contingency fee basis. Our office collects a fee if and only if you are succesful. Most attorneys take a one third of your settlement. We are willing to accept 25% in serious cases such as these-- a reduction which could amount to thousands of dollars more in your pocket.

YOu have a number of possibilities if you daughter was killed by a drunk driver. You may be able to sue the driver and collect from his insurance. If the driver was drinking in a licenses establishment, you may be able to sue that establishment. You may have coverage yourself, called underinsured motorist coverage.

Our office has over 28 years of experience in handling serious personal injury cases. If you have any questions please do not hesitate to call us at 1-800-834-6964. You may also wish to check our website, www.FiorentiniLaw.com for more information including information on how to reach us.

Fiorentini Law Office

Haverhill MA

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Answered on 7/10/02, 2:15 pm
Patricia Joyce Law Office of Patricia M. Joyce

Re: My daughter was killed by a drunk driver

My sincere condolences on the loss of your daughter. Losing a child must be the most difficult cross anyone could ever have to bear.

Your unfortunate situation involves both the criminal side of the court system AND the civil side to deal with the grief, pain and losses associated with the horrible circumstances of your daughter's death. As a prior reply indicated, you should select an attorney who will guide you in dealing with the criminal court as well as the civil court.

Most courts have victim assistance units and are supposed to keep you informed of all court appearances, etc. However, since they have such huge caseloads, they often are difficult to reach --- but they do tend to respond more quickly to a phone call or email from an attorney.

Insurance is another important issue to consider. If the driver did not carry sufficient insurance to cover the potential magnitude of a civil claim, any uninsured or underinsured coverage of the owner of the vehicle your daughter was driving or in which she was a passenger would be subject to negotiation of the balance a civil claim for damages.

In addition, your daughter's age and education, whether she had a spouse or children and whether she was employed are factors that are important to both a civil and criminal disposition.

Although my office is in Rhode Island, I am also licensed in Massachusetts and would be happy to answer any other questions you may have. I can be reached at 401-885-7200.

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Answered on 7/09/02, 12:00 pm
Chester V. Shea III Law Offices of C.V.Shea III

Re: My daughter was killed by a drunk driver

Personal Injury attornies handle these cases and usually without any cost to the client until they are settled or a judgment is entered. When the cases is closed, the attorney usually receives 1/3 of any amount the client is awarded.

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Answered on 7/08/02, 4:28 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: My daughter was killed by a drunk driver

Not all personal attorneys are willing or capable of processing such a case. You should however, interview some attorneys as soon as possible, while some of the evidence is fresh; you should with your attorney actively participate in the criminal case of the drunk driver. Give the district attorney a sense of your family, and the grief that this has caused you. You can also participate and recommend a disposition, and you can make a statement in any hearings related to the disposition of the criminal case. Should you have any other questions, you may contact me.

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Answered on 7/08/02, 10:16 pm


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