Drunk driving accidents can cause
injuries which can often be subject to civil lawsuits too. Drunk drivers
frequently face severe criminal charges that include penalties such as
compensation and prison time. At the same time they can earn you a civil
liability stripe when they are prosecuted by their victims’ Portland, OR drunk
driving accident lawyers.
If you or a close kin is injured or even
killed by a drunk driver, your best option is to seek recompense for all your
losses such as lost wages, medical treatment, damaged property or some other
type of economic damages. These lawsuits also offer the chance to claim
non-economic damages such as compensation for the pain and suffering you
endure. Here are the more important of the options highlighted here.
Civil
Suits and Criminal Proceedings
A civil suit filed for drunk driving remains
a distinct process from any other criminal proceedings that a drunk driver can
face. While criminal proceedings tend to guard the general public from any
future harm by being a restraint against drunk driving, it also penalizes the
drunk driver for driving in an irresponsible manner. Such as a driver can meet
with criminal prosecution even when no accident or injury was involved.
No-Fault
States
If you happen to be in a no-fault state,
it is possible that a limit is placed that bans suits for motor vehicle
accidents, if not the injuries are not of a particular statutory severity, or
your damages surpass a specific statutorily mandated sum of money.
"Fault"
and PIP Car Insurance State
If you go the word of Portland, OR
accident attorneys, the state’s laws are a combination of ‘fault’ and ‘no
fault’ systems when it comes to car
insurance coverage. For the most part, the at-fault driver is liable
to pay for damages or injuries through his or her insurer. However, with PIP or
Personal Injury Protection insurance coverage mandatory in the state, the
no-fault aspect sets in where you will be covered by your own PIP for injuries
to a specific limit for the first year following the accident.
Pure
Negligence States
For those who live in a pure negligence
state, they are in general at liberty to sue drunk drivers for the injuries
they have sustained. In drunk driving accident suits, you need to
establish fault as is done in any type of civil suit.
Yet, civil suits filed against drunk
drivers appear like slam dunks and much of the time they are unless you were
driving sloppy and hit the drunk driver! Portland, OR accident lawyers as well
as insurers have spent considerable amounts of money and time in defending
these types of cases, and to come out successful is seldom easy as it ought to
be. Every common defense necessary for a negligence case is available, such as
contributory as well as comparative negligence. It is no holds barred – no one wants
to lose a case.
Wrongful
Death and Drunk Driving
If your loved one happens to be killed by any drunk driver, either you or a
legal representative can file a civil suit for wrongful death. Such a suit is
in effect a mechanism used by family members of the deceased in order to make
sure that all the surviving members can enjoy some sort of financial stability.
In these suits, economic as well as
non-economic damages can be claimed while some states might permit punitive
damages as well. Punitive damages are essentially arbitrary amounts granted
with the only purpose of penalizing the drunk driver, and as a deterrent to any
future drunk driving accidents. It is a serious deterrent as well. No one wants
to lose their home, car, future income, 401K, flat screens, furniture, art, and
so on.
Due to the rather conflicting and
complex factors involved in drunk driving accidents, make sure to speak with a
Northwest Oregon drunk driving accident lawyer as soon as possible. You can
find some of the best ones right here: http://drunk-driving-accident.usattorneys.com/oregon/.
You cannot sue anyone unless you know who they are. So try to get their license
plate number even before the cop shows up. You do not want them driving away if
they think they can get away with it! It does not matter if they know about
that incredible website just conveyed to you right above which makes is so
simple for someone to find legal help to help make this world right.
That website was not built because of
chaos, it was built to help prevent chaos.

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