Who do we sue if son was killed as a passenger and driver was drunk? 2 Answers as of August 31, 2015

Driver went up a hill, double yellow lines going 100 and was drunk. Car rolled several times and my son was killed instantly. My son was severely dismembered. Car was owned by driver’s brother with no insurance or very limited insurance. Our lawyer said it doesn't look like there will be a claim. The DA in our county will be handling the charges against this guy, but do we need to hire another lawyer to sue him, his brother or his parents? They are loaded and someone should pay. This is his second drunk driving. We have funeral cost to pay for yet - only been 5 months since his death. We seriously don't know what to do. Meanwhile this driver is driving, drinking enjoying his summer and my son is 6 feet under.

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
I join in your sorrow. The D.A. will consult with you after s/he wins a conviction about a demand for restitution. You cannot get everything to which you might be entitled in a legal action from restitution, but it would be better than nothing. You certainly can sue anyone who was at fault in the accident, in Wisconsin that can include the driver of a car in which the victim was passenger. But if the driver is poor and the owner poorly insured, your chances of collecting anything substantial are not great except perhaps by garnishing wages over a very long time. I do suggest you consult an experience personal injury lawyer in your locality.
Answer Applies to: Wisconsin
Replied: 8/31/2015
End, Hierseman & Crain, LLC | J. Michael End
You can sue the driver, although collecting a judgment may be difficult. Otherwise, you can make a claim against your own automobile insurance company under the uninsured motorist coverage, assuming your automobile insurance relates to your son.
Answer Applies to: Wisconsin
Replied: 8/31/2015
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