Lawsuits and Drunk Driving Accidents

Injuries resulting from a drunk driving accident will lead to a civil suit most of the time. While drunk drivers might have to deal with some severe criminal charges, carrying penalties that can include restitution as well as prison time, they might face civil liability lawsuits as well when they are sued by the accident victim(s).

If any person is injured or killed at the hands of a drunk driver, a civil suit can be the only way to recover damages for the losses and you will need a drunk driving accident lawyer to carry this out for you unless you are one yourself but even in that case you should not try your own case for a variety of reasons.

Drunk driving injuries and the following legal actions

A civil suit filed for drunken driving remains a separate process from the criminal proceedings that a drunk driver can face. Criminal proceedings are typically designed to safeguard the general public from any potential future harm, by functioning as a restraint to drunk driving, and to punish the offending drunk driver for behaving in a reckless manner. In fact, a drunk driver might be criminally charged even when there is no injury involved.

It took a split second for that drunk driver to mess up your life and your car. Unfortunately, you are not going to be able to extract a payment from them and their insurance company, well, not the proper amount, for at least for a while. There is a process that must be followed. Screaming and shouting will only damage your case. You need a drunk driving accident lawyer who will help you do this right. You can find one here: http://drunk-driving-accident.usattorneys.com/. 

If a fatality is involved, this injury or civil lawsuit is filed by the immediate relative of the victim in order to recover damages lost and sustained.

If a drunk driver injures you, your sole recourse is a civil suit to recover the costs of damages such as medical treatment, damaged property, lost wages, or any other monetary damages. Civil suits can provide you with the chance of recovering from non-economic damages as well, such as pain and suffering. Your drunk driving accident attorney will work with you on this case and make sure it is managed properly.

No-fault laws

No-fault laws can have an immediate effect on the ability of a victim to file a civil lawsuit against an at-fault driver. If you happen to live in a no-fault state, it is possible that there will be a limit in place. This will disallow lawsuits for motor vehicle accidents unless your injuries are of a specific statutory degree, or your damages go beyond a particular statutorily mandated amount.

Pure negligence states

Drunk driving accident lawyers say that if you happen to live in a pure negligence state, you can sue the drunk driver for your injuries. In all drunk driving suits involving personal injuries, you must prove fault like you would in any civil suit. On the face of it, civil suits filed against drunk drivers might look like a slam dunk, although insurance companies and defense attorneys have spent considerable amounts of money in defending such cases, and so winning the case is not all that easy.

Do not spend any money until you have won the case.

Wrongful death and drunk driving

A wrongful death suit is a method employed by the next of kin to make certain that those persons surviving the deceased can have some sort of financial stability. Here, economic as well as non-economic damages are allowed while certain states might let you obtain punitive damages also. Punitive damages remain arbitrary amounts granted with the only purpose of punishing drunk drivers, and discourage drunk driving incidents in the future. Your drunk driving accident lawyer will help you and/or your family pound the other side ethically and legally.

If you are the victim of a drunk driving accident, you ought to seek legal recourse immediately to protect your rights and make sure you receive adequate compensation for the losses you have clearly sustained. You will have the motivation to do so, now you need to find that legal help who can execute your case for you.