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 drunk driving, which according to law makes it a
criminal case.
Apart from criminal charges, the victim(s)
of a drunk driving accident can file a civil claim against the drunk
driver for his/her negligence, say Birmingham, AL drunk driving accident
lawyers and there is none better in this part of the state than Morris Bart
& Associates, LLC (www.morrisbart.com/).
For the most part, the plaintiff's
lawyer must prove that the at-fault driver who is the defendant was negligent
and that this negligence in fact caused the car accident as well as the ensuing
injuries.
Some states like Alabama 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.
Punitive
Damages
Birmingham, AL
drunk driving accident attorneys, and the most incredible law firm that you
can call in this domain is Morris Bart & Associates, LLC, also point out
that it is crucial to be aware of punitive damages that a plaintiff can claim
following a drunk driving auto accident.
This is generally reserved for serious
DUI accidents that cause severe injuries. 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 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 vital to remember that
there is a statute of limitations within which a wrongful death lawsuit can be
filed. According to Birmingham, AL drunk driving accident lawyers, the statute
of limitations is 2 years in the state. If you have been injured
on the road by anyone, certainly a drunk driver, you need to call up Morris
Bart & Associates, LLC. They will build a strong case for you and their
game plan for you will be a winner. You need to call them though, they cannot
do that for you.
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 auto accident happened.
In the movie Gladiator, in the final
scene when we all wanted to see Maximus (Russell Crowe) kill Commodus (Joaquin Phoenix) since like bureaucrats
who abuse their IRS power and target religious and pro-American groups and high
ranking political leaders who send and receive classified information without
receiving permission on their own home server and fail to protect ambassadors
who clearly need more protection, Commodus was corrupt. But Commodus knew that
he could not defeat Maximus fairly so he had to stab him in the upper back
shoulder, behind closed doors, taking away much of his swinging power. They
both ended up dying in the final scene but Commodus’s life and death was
dishonorable.
If someone hits you and they are drunk, you have plenty of legal avenues to take. You will need a Birmingham, AL drunk driving accident lawyer though. They will devise a game plan up for you. Let them call the plays. Morris Bart & Associates, LLC have been around the block before. They have won thousands and thousands of dollars for past clients. You too can be on this winning list. Call them up! |
So Maximus had a pre-existing medical
condition because of Commodus’s cowardly and misguided ways. Now this pre-existing
medical condition helped cause Maximus’s death, if you have a pre-existing
medical condition you will not die or be at any disadvantage but you will not
be able to use this in your list of medical issues to the insurance company.
In several cases, the victim who has
filed a car accident claim or lawsuit might already have existing injuries that
became “aggravated” or made worse by the auto accident that occurred recently.
In some cases, a pre-existing injury can alter the amount of compensation
that the DUI accident victim can recover for the injuries caused by
the auto accident. Though if you have been stabbed by someone like Commodus then you
need to call the police since this is a criminal act.
In view of the complex nature of car accident laws, if you are a victim of a DUI accident, it
is necessary to secure an Alabama drunk driving accident lawyer to make your
case a winner. You need to call Morris
Bart & Associates, LLC. They know how to win cases, file lawsuits,
negotiate fabulously on their client’s behalf, look out for their client’s best
interest, and so on. What do you have to say? The first meeting is free!
No comments:
Post a Comment