Injuries sustained as a result of drunk
driving are often the subject of many civil suits. Drunk drivers may face
criminal charges involving penalties that include jail time and restitution. In
addition, they may face civil liability if sued by their victims, say drunk
driving accident lawyers in New Orleans, LA.
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| You have the right not to get hit by a drunk driver. |
If
you are injured or a close kin is killed in a drunk driving accident,
a civil suit could be the best way to obtain compensation for damages. Here are
the various options.
A Civil Suit
A civil case is essentially a personal
injury lawsuit filed by a victim. If it is a critical injury, the victim’s
family can file the claim. In the event of a victim’s death, his or her estate
can file a wrongful death lawsuit. In certain situations, this kind of case can
be the sole means for the victim to obtain reimbursement for lost wages/time
off work, medical bills, property damage, as well as pain and suffering.
Criminal Suits
Criminal drunk driving lawsuits are
meant to obtain restitution for damages or prison time for the drunk driver.
This is a common type of lawsuit filed against a drunk driver even if no one
was involved in an accident or anyone was injured. A criminal lawsuit is merely
a deterrent to other drivers as well as an effective means to keep the general
public protected from the risk posed by drunk drivers.
Civil suits are of three types, as
detailed by Louisiana drunk driving accident attorneys.
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| Drunk driving accident lawyers in New Orleans know that driving drunk is like being a distracted driver. |
No-Fault Laws
No-fault laws are invoked only in
certain states and place a financial limit on drunk driver lawsuits as long as
the injuries are not severe or surpass a statutorily mandated sum of money.
Drunk drivers who reside in such states aren’t much affected by civil
liability, as victims can file a claim via their insurance companies,
particularly when the damage is minimal damage.
Comparative Negligence Laws
Louisiana is among the pure comparative
negligence states, which means that the parties involved in the accident will
only receive compensation based on the percentage of fault in the
accident. So for example, if the total damage is $10,000 and A is
found to be 70% at fault and B 30% at fault, then A will receive $7,000 and B
$3,000. A victim can sue a drunk driver, provided the injured victim can prove
that the drunk driver is at fault, say New Orleans, LA drunk driving accident
lawyers.
Wrongful Death
This type of lawsuit is invoked to
enhance the economic stability of the family members of the victim. Either the
victim’s family, or a legally-appointed representative of the family, can file
a wrongful death lawsuit. In such a case, the plaintiffs will be awarded
economic, non-economic, and punitive damages.
In the movie The Punisher with Thomas
Jane as Tom Jane and Frank Castle, John Saint (James Carpinello) was shot and
killed in the beginning of this movie. Now the family in this case, the Saint
family, could not claim wrongful death since John was involved in illegal arm
sales and so on – he was just trying to make some extra money but that is
another topic. Regardless, what he was doing was highly illegal and it
accidently cost him his life but nonetheless, his life was taken.
If you have been injured in a DUI accident or have
lost a loved one due to the negligence of a drunken driver, it would
be wise to speak with a Louisiana drunk driving accident lawyer to evaluate
your case and navigate your way through the legal process.
The Punisher does not need a lawyer, he
does not file lawsuits but you are not The Punisher and that is a fictional
character. If you were hit by a drunk driver, you need legal help, you need to
press right here Drunk-Driving-Accident.USAttorneys.
Contact us if you have any questions.
We will call you back shortly.
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