QUESTION

What kind of lawyer would I need .....my lover got killed in a car accident.....on the way home from the club .....yes he was driving

Asked on Aug 13th, 2013 on Automobile Accidents - North Carolina
More details to this question:
And he had been drinking is there anyway I could sue the club for serving him drinks and allow him to leave there drunk and driving
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1 ANSWER

Plaintiffs Personal Injury Attorney serving Charlotte, NC
2 Awards
First let me start by saying that I am sorry to hear about your loss. In 22 years of practice both as a prosecutor and a personal injury attorney I have seen firsthand many tragedies arising out of drinking and driving. The question you ask is whether or not you can bring a lawsuit arising out of this accident against the club. You referred to the individual as your lover. I'm assuming by your use of that phrase that this is neither a relative nor a spouse. Unless you are related by blood or marriage or are named in a will, you would have no standing to receive any money in a wrongful death claim. Under North Carolina law, an individual who contributes to their own injuries or death through their own negligence is barred from recovery under the doctrine of contributory negligence. Voluntarily consuming alcohol and then operating a motor vehicle would likely be considered contributory negligence on the part of the decedent.There are exceptions for willful, wanton and or gross negligence, however I do not believe those exceptions would apply under the limited facts that you have provided.  
Answered on Aug 15th, 2013 at 2:22 PM

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