Injuries resulting from drunk driving
often remain the subject of a lot of civil suits. Drunk drivers can face severe
criminal charges that involve penalties including jail time or restitution,
besides facing civil liability if they are prosecuted by their victims. If you
are injured or a close kin is killed by any drunk driver, then your best
recourse is to file a civil suit to obtain compensation for your losses and you
will need a drunk driving accident lawyer to accomplish this.
Yes, you need a lawyer to get this done.
The movie Fracture with Anthony Hopkins was not a lawsuit, he was on the
defense and that is a very rare case and situation. This incredible legal site
and resource center did not exist in 2007 anyhow, it is http://accident.usattorneys.com/.
Civil
Suits vs. Criminal Proceedings
A civil suit filed for a drunk driving
offense is a separate as well as distinct process from a criminal proceeding
that a drunk driver can face. Such proceedings are meant to shield the public
from potential future harm by functioning as a prevention of drunk driving and
to punish the offender for behaving in a reckless manner. Besides, a drunk driver
may be subject to criminal prosecution even when no accident or injury has
occurred.
A civil case involving drunk driving is
essentially an injury case filed by a victim of any drunk driver, and in case
of a fatality, by the next of kin of the victim as a recompense for damages. In
case of injuries, the best course to follow is a civil suit in an effort to
receive compensation for costs such as lost wages, medical treatment, and
damaged property, to name a few. Civil suits can also give you an opportunity to
recover probable non-economic damages, such as pain and suffering.
No-Fault
States
In no-fault states, a limit is placed
barring civil suits if the accident is not of a specified statutory severity or
your damages are in excess of a distinct statutorily mandated amount. This
means that, as long as your damages are only minor injuries and/or property
damage you have no other option but to file your claim with your insurance
company. There are variations to this law from state to state which can be best
explained by your drunk driving accident attorney.
Pure
Negligence States
In a pure negligence state, you can sue
any drunk driver for injuries sustained. In such suits, you have to prove
fault, but winning your case is not at all easy.
Wrongful
Death
In case a close kin met his/her death at
the hands of a drunk driver, you can file a civil suit for wrongful death by
representing the estate of your loved one. A wrongful death suit is essentially
a method used by family members in order to make certain that persons surviving
the victim are able to be financially stable in the future.
Suits for wrongful deaths are a type of
personal injury negligence lawsuit where the procedures are almost similar. In
such cases, economic as well as non-economic damages can be claimed and your
drunk driving accident lawyer will be working with you along the way. Besides,
some states permit punitive damages as well. Such damages are purely arbitrary
amounts granted with the sole purpose of according a punishment to the drunk
driver, as well as deterring him/her from any drunk driving incidents in the
future.
If you are in any way involved in a DUI crash you ought to
consult a drunk driving accident lawyer as soon as possible for many
reasons. Your family and you may depend on it. Do not sign any paper work with
anyone (the other insurance company), unless it is the hospital and/or the
police, until you have spoken with a legal representative.
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