How
an attorney can help sue a drunk driver
(Broward
County, Florida) – December 17th, 2015 – Drunk driving
is real problem that America has been dealing with for decades. Despite all
round efforts to tighten up the laws governing drunk driving and making drunk
driving punishments stricter, it still remains one of the biggest threats to
public safety.
Drunk drivers not only are a risk to
themselves, but their lapse in judgment can also put the lives of other
innocent motorists in dire straits. It is no secret that thousands of people
die every year in drunk driving accidents and thousands more become seriously
injured and incapacitated. This is one of the reasons so many people click on
this website: http://dui-lawyers.usattorneys.com/florida.
It is not because they are bored (well, it could be, it is mainly because
something terrible happened in their life and they need dire legal help and
this website provides that service).
As per Broward, FL drunk driving
accident lawyers, drunk driving accident victims have the right to sue the
drunk driver, and his or her auto insurer in a civil lawsuit in order to
receive compensation for the damages inflicted upon them.
These lawsuits may either be personal
injury lawsuits, wrongful death lawsuits, or property damage lawsuits in which
plaintiffs can seek and claim both economic and non-economic compensatory
damages and even punitive damages, depending on state law. If you or some you
know have been affected by the negligence and inconsiderate attitude of a drunk
driver, it is prudent to consult a Florida drunk driving accident attorney as
soon as possible. This is the best way to ensure you receive the compensation
you rightly deserve for your losses.
Civil
Lawsuit vs. Criminal Lawsuit
As discussed, the drunk driver may be
sued by his\her victims in a civil court. However, according to law, drunk
driving is also a criminal offense. Suspected criminals are dealt with by state
prosecutors. Therefore, it does not matter whether or not a drunk driver is
sued in civil court. You can rest assured that he or she will face a criminal
lawsuit by state prosecutors.
A civil lawsuit and a criminal lawsuit
are meant to serve two different purposes and are hence distinct, separate and
independent proceedings from one another. Both could involve Broward County
Florida drunk driving accident lawyers though. As mentioned, the purpose of a
civil lawsuit is to allow or facilitate compensation for injured/dead victims
and their loved ones.
On the other hand, the criminal lawsuit
is solely meant to punish the drunk driver for violating the laws of the state
and to send out a message deterring people from driving under the influence.
Civil
Lawsuits in Pure Negligence States
If the victim of a drunk driver happens
to live in a pure negligence state (Florida is a pure comparative negligent state which means if you are 25% at fault, you will lose 25% of the final settlement), there are no prohibitions against filing a
civil lawsuit against the drunk driver. However, in a civil lawsuit, the burden
of proof lies on the plaintiff. Therefore, it is the responsibility of the
plaintiff and their legal counsel to prove along with evidence that the
defendant was indeed negligent, driving drunk, breached duty, and caused
injuries to the plaintiff.
Establishing all of this in a court
trial is not something anybody can do. It takes years of experience and
studying to be able to prove such things beyond doubt. If you intend to sue in
order to receive compensatory damages, make sure to appoint a Florida drunk driving accident
lawyer to help you navigate the legal process. There are other ways to find
legal help but that is like choosing to drive from Miami to Boston. Why not
just fly? This website takes out the doubt as well – the lawyers on this
website are the real deal.
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