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My 16-year-old son was killed in a Madison DUI car accident. The intoxicated friend who was driving survived the crash with no injuries. Can I sue the teen for the loss of my child?

If you lost a child in a Wisconsin drunk driving accident, you deserve accountability. Wisconsin personal injury law allows parents who have lost a child to a drunk driving accident to seek justice through a wrongful death claim. You can file a Wisconsin wrongful death claim against the intoxicated driver who caused the accident, even if the victim was a passenger in his vehicle.

However, the amount of compensation you get may depend on the circumstances of the accident. Was your son also drinking? Did your son choose to ride with the friend because he believed he had no other way home? The insurance company or jury may decide that your son is partially at fault for his death because he willingly accepted a ride from a friend who was intoxicated. In that case, they will assign your child a portion of the liability. Your settlement may be reduced by that percentage.

In order to make sure you get full accountability, your Madison wrongful death attorney will need to know the details of the accident. He will then negotiate with the insurance company to get you both compensation and justice.

To learn more about your rights after a drunk driving accident in Wisconsin, contact Hupy and Abraham at 888-277-4879 and ask to speak with a Madison DUI injury lawyer. The initial consultation is free.

Jason F. Abraham
Managing Partner, Hupy and Abraham