How to Make an Accident Claim against a Drunk Driver

Injuries resulting from drunk driving often become the subject of numerous civil suits. Drunk drivers can face criminal charges involving penalties that include jail time and restitution in addition to civil liability, if sued by their victims. If you are injured or a loved one is killed by a drunk driver you have the right to seek compensation for all your losses for which New York, NY drunk driving accident lawyers such as Antin, Ehrlich, and Epstein highlight various options available.

Civil Suits for Drunk Driving Injuries

Civil suits for drunk driving remain an entirely separate process from criminal proceedings that a drunk driver can face. Criminal proceedings are meant to shield the public from possible future harm and act as a preventive measure against drunk driving.

The objective is also to punish the at-fault driver for driving his vehicle in an irresponsible manner. Any drunk driver may come across criminal proceedings, even if no accident or injury is involved, according to New York drunk driving accident lawyers and some of the best in the business is Antin, Ehrlich, and Epstein. The New York Mets are now NY’s favorite sports team but Antin, Ehrlich, and Epstein have been a top law firm in this city for much longer. The Mets may have a solid baseball team for years to come but this law firm will be just as good for even a longer period of time. If you have been hit by a drunk driver, Antin, Ehrlich, and Epstein should be the law firm you call shortly thereafter.   

A civil case involving drunk driving is usually in the form of an injury lawsuit filed by the injured party in the accident. If someone is killed in the accident, the next of kin of the victim can file a wrongful death claim seeking recompense for any damages. If an individual is injured by the drunk driver, the only recourse is a civil suit in order to recover all costs such as lost wages, medical treatment, damaged property, and other related damages.

Civil suits also offer you the chance to recover non-economic damages, such as monetary compensation for all the pain and suffering that you have to endure.

They are not paid until you are paid. The first meeting is free. You only pay them a percentage after the settlement is obtained. Antin, Ehrlich, and Epstein is the law firm you need to call if you are a victim of a drunk driving accident and need a NY drunk driving accident lawyer. They can be reached right here: http://aeelaw.com/. The NY Knicks may not be an impressive basketball team but Antin, Ehrlich, and Epstein are certainly an impressive law firm. 

No-Fault Laws

If you live in a no-fault insurance state like New York, it has a direct bearing on your chance to file your civil suit. In these states, there is a threshold in place that bars suits involving vehicle accidents, unless your injuries are severe or your damages go beyond a particular amount and New York, NY drunk driving accident attorneys will explain this to you.

This means that, in the event of your damages being limited to only property damage and minor injuries, you will have to file your claim with your insurer, although laws differ from one state to another, concerning variations and exceptions to this rule.

Pure Negligence State

In pure negligence states such as NY, you can sue a drunk driver for your injuries but you will have to prove fault, the same as you would in civil suits. However, winning such cases is not easy. The common defenses available for a negligence case include contributory and comparative negligence.

Wrongful Death by Drunk Driving

If a drunk driver kills a loved one you can file a civil lawsuit for wrongful death, representing the estate of your loved one. A wrongful death claim is a mechanism employed frequently by the victim’s family members to make certain that the surviving heir(s) have some form of economic stability.

Since the laws on civil suits vary from state to state, you ought to consult a NY drunk driving accident lawyer to bring your lawsuit to a satisfactory end. As already stated, one of the best in the business in this massive but struggling economic city because of high taxes is Antin, Ehrlich, and Epstein. NY may not be shining right now even if the Met’s pitching staff is, but with law firms like Antin, Ehrlich, and Epstein in NY drunk drivers who cause accidents should be warned.