Legal Question in Criminal Law in Massachusetts
Victim's Rights in OUI case
My family was involved in an incident few months ago. We were forced off road by drunk driver (damage to our vehicle), and then a road rage incident occurred. Defendant charged with OUI, A&B (not on our family), and other charges. We will be appearing in court as witnesses for the prosecution (DA), but court date keeps getting postponed. What are our rights as victims? My elementary school age son witnessed event & still has nightmares. Can we ''sue'' the drunk driver for ''pain & suffering'' or ''psychological injury''? Can we receive money from this defendent for what he has caused our family? Defendent's insurance covered $2K damage to our vehicle. How do we begin process?
2 Answers from Attorneys
Re: Victim's Rights in OUI case
You have a good tort case against the driver of the car, and perhaps and uninsured or underinsured case to bring against your own insurance company. You may also have rights to sue whoever it was that served alcohol to the drunk driver. (This is called a "dram shop" case.)
You should consult an attorney immediately.
One quick word: although attorneys routinely charge one third of the recovery, some firms, when pressed, will take the case for less, usually as low as 25%. (That is what we do.) It never hurts to ask, but the most important thing is the experience and the comfort level you have with the attorney.
Fiorentini Law Office
www.FiorentiniLaw.com
1-800-834-6964
978-374-0596
Re: Victim's Rights in OUI case
What you describe is "normal" court behavior.
Given what you have described, you should have contact an attorney by now. It is not too late; it is an imperative.
should you have any questions, contact me.
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