Wednesday, April 6, 2016

How to Make an Accident Claim against a Drunk Driver

(Boston, MA) – April 6th, 2016 Driving under the influence continues to be the number one threat to public safety throughout America and hence the legal repercussions for those that violate these drunk driving laws are pretty serious in nature.

According to Boston, MA drunk driving accident lawyers, DUI offenders must be aware that state prosecutors will file criminal charges against them. However, a criminal conviction against the drunk driver may serve to punish the drunk driver for the crime he/she has committed, but it will not offer any sort of relief or compensation to his or her victims. 

Therefore, the judicial system in all states and in Massachusetts allows for drunk driving accident victims to file a civil lawsuit against the drunk driver or his/her auto insurers in order to be awarded the damages that they rightfully deserve. Victims have the option of filing a wrongful death lawsuit, a personal injury lawsuit, or a property damages lawsuit as the case may be.

This can all be done with a Boston drunk driving accident lawyer. You can find some of the best right here: Drunk-Driving-Accident.USAttorneys. This site was created for anyone who has been a victim or anyone who needs legal help. This site hits legal home runs like David Ortiz hits baseball home runs – but there is not any offseason for the service this site provides.

You can contact us if you want as well, we help anyone who is in distress and we do this every day. Use this site, it never closes or shuts down, legal help is right around the virtual corner. You are a victim, now it is time to strike back legally.


Difference between the criminal lawsuit and the civil lawsuit in a DUI accident case

Drunk driving accident attorneys in Massachusetts tell us that the criminal lawsuit and the civil lawsuit are two separate and distinct legal proceedings, so it should not be taken for granted that just because a drunk driving suspect was convicted in the criminal lawsuit that his or her victims will win the civil lawsuit. In a civil lawsuit, the burden of proof lies on the plaintiff/s and their legal counsel and the case is not dependent on the outcome of the criminal lawsuit but of course a criminal conviction can help the victim in their lawsuit objectives.

The objective of filing a civil lawsuit is exclusively to claim monetary compensation for economic and non-economic damages. This is no different than the objective of the Boston Red Sox when they play the Yankees. They want to win and their main objective is to win. The Yankees had the highest payroll in the 1990s and this is how they were able to secure so many championships. It was not right and it was anti-baseball.

It hurt the game and what was the point in watching a team win a championship when their payroll was three times as high as many other teams. This is why socialism works in professional team sports, it brings parity. The NFL and the NBA installed this and brought excitement to their leagues. In the late 90s, the Yankees were against this and this is why many people believe they bought their World Series rings and dislike them even until today. Now no one can go back and sue the Yankees for damaging the game but you can file a civil lawsuit against a drunk driver who harms you, ruins your day, week, and so on, wrecks your car, and the list continues. You can hit a home run in this civil lawsuit and come out on top.

Economic damages are damages where the victim suffered financial losses due to the negligence of the drunk driving suspect (some of this slightly mentioned above). These damages include medical bills, funeral expenses, lost wages, loss of ability to earn wages, legal fees, etc.

On the other hand, non-economic damages are meant to compensate victims for damages that you cannot really place a monetary value on. This includes mental anguish, pain and suffering, loss of consortium, emotional distress, and so forth.  

A third type of damages is called punitive damages and this is levied on the drunk driver as an extra punishment and Boston, MA drunk driving accident lawyers know about going down this route as well.

How to win your civil drunk driving accident lawsuit

In order to secure compensation in a DUI accident claim, you first need to win your civil lawsuit. There are many steps involved and the laws surrounding drunk driving accidents are vast. For the most part, it can be over whelming for anyone who isn’t a legal professional.  

This is precisely why if you are a victim of a drunk driving accident and is serious about winning your claim and the damages that you seek, you should not waste any time in reaching out to a Massachusetts drunk driving accident lawyer to represent your case. Remember that civil lawsuits are subject to statute of limitations and it is in your best interest to act as quickly as possible. 

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