If an accident occurred due to the
negligence of a drunk driver, he/she will in all probability have been taken
into custody as well as charged with a DUI, which according to law makes it a
criminal case. Apart from criminal charges, the victim(s) of
this drunk driving accident can file a civil claim against the drunk
driver for his/her negligence.
For this, the plaintiff's Columbus, OH drunk
driving accident lawyer and there is no one better in this region of the
country than E. Ray Critchett must prove that the at-fault driver who is the
defendant was negligent and that this negligence in fact caused the accident as
well as the ensuing injuries. Some states like Ohio have dram shop liability
laws where a lawsuit can also be filed against bars or restaurants for serving
an individual alcohol with the knowledge that the patron was going to be on the
road driving or observed that he/she was excessively inebriated, according to
dram shop liability laws.
This is just common sense. If someone is
drunk and you know they are going to drive, they should be cut off. At the same
time, if the person informs the patron they are not driving then there is no
reason to cut them off.
Punitive Damages
Columbus, OH drunk driving accident
lawyers such as the hard working and focused E. Ray Critchett also say it is
crucial to be aware of punitive damages that a plaintiff can claim following a
DUI accident. This is generally reserved for serious drunk driving accidents that cause severe
injuries. For the most part, punitive damages are a form of a punishment
for the negligent drunk driver who is held liable to pay damages to the
plaintiff/victim. Such damages are paid in addition to any compensation that a
victim is already receiving to cover the cost of injuries as well as property
damage.
When a Victim Dies
In cases where a drunk driving
accident causes death the deceased victim’s estate or members of the
surviving family have the right to file a wrongful death lawsuit against the
at-fault driver for his or her negligent actions. A winning wrongful death
lawsuit is meant to cover medical bills, funeral expenses, loss of potential
earning capacity, loss of consortium and other damages, up to a certain extent.
However, it is important to remember
that there is a statute of limitations within which a wrongful death lawsuit
can be filed. According to Central Ohio drunk driving accident attorneys and
the top one in this arena here in Central Ohio is E. Ray Critchett, the statute
of limitations to file a wrongful death lawsuit is 2 years in the Buckeye state.
Pre-Existing Injuries
A pre-existing injury, otherwise known
as a pre-existing medical condition, is in effect a condition or injury that
existed before the traffic accident happened. In several cases, the victim who
has filed an accident claim or lawsuit might already have old injuries that
became “aggravated” or made worse by the traffic accident that occurred
recently.
In some cases, a pre-existing injury can
alter the amount of compensation that the DUI accident victim
stands to recover for the injuries caused by a traffic accident. At times, the
damages awarded might be reduced if it is later found that the injury was in
fact a due to an injury that existed before. In such cases, it becomes rather
difficult to assess the defendant’s liability for the victim’s injuries.
In view of the complex nature of drunk
driver accidents, you need a Columbus, Ohio drunk driving accident lawyer to
make your case a winner who has a better winning record than Urban Meyer. And
that legal profession is E. Ray Critchett who rivals the standout college
football coach in dedication, attention to detail, and results.
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