Monday, December 7, 2015

What do drunk driving accidents entail and why obtaining legal help is imperative?

Any person who caused a car accident in an intoxicated condition can face criminal penalties that can include prison time and compensation on the one hand and a civil lawsuit on the other. Las Vegas, NV drunk driving accident lawyers can and should be involved with both. Therefore, if you are injured by a drunk driver the best legal recourse to obtain compensation for your losses is by filing a civil suit.

Civil Suits for DUI Accidents

A civil suit filed for drunken driving remains a distinct and separate process from potential criminal proceedings that a drunk driver can face. A criminal proceeding is designed to shield the public from any future harm by functioning as a deterrent to the practice of drunk driving, and also to punish the driver for driving his vehicle in an irresponsible manner. He or she might end up dealing with a criminal prosecution even if no one is injured in the accident but this not of your concern.

You have bills to pay and your own life to live. The other side made their choices and it adversely affected your life. http://dui-lawyers.usattorneys.com/nevada/ - this is why this site was designed. It was made to facilitate the search for a legal representative.  

A civil case filed due to drunk driving is in the form an injury lawsuit made by the victim or the estate against the drunk driver. In the event of a fatal accident, the lawsuit is filed by the next of kin of the victim in order to obtain compensation for the damages.

If you happen to be injured by a drunk driver, your only recourse is to recover compensation for expenses such as for medical treatment, damaged property, economic damages or lost wages which can be done via a civil suit. This type of lawsuit can also provide you with the chance to recover non-economic damages for the pain, suffering, and loss of enjoyment in life. A Nevada drunk driving accident attorney can dispel all your doubts pertaining to this aspect of the case.

No-Fault and Tort Laws

Invoking no-fault laws can directly affect your ability in filing a civil suit against the drunk driver. If you happen to live in a no-fault state, a certain ceiling is in place to bar suits for car accidents, if injuries are of a specific statutory severity, or your damages surpass a particular legally determined sum of money.

This means that if your injuries are of a minor nature and damage done is only to property, the court will direct you to approach your insurance company and dismiss your lawsuit. However, Nevada follows the tort law philosophy where the at-fault driver and his/her insurance provider is held liable in the event of an accident. Your Nevada drunk driving accident lawyer will explain this to you when you meet.  




Wrongful Death & Drunk Driving

If a person who is very close to you is killed by any drunk driver, you can file a civil suit for wrongful death, representing the person killed. A wrongful death claim is essentially a mechanism that is resorted to by the family members of the deceased, to make certain that the family surviving the deceased person have sufficient economic stability.

A Lesson for All

For the most part, wrongful death claims are a variation of a typical personal injury negligence claim. Here, economic as well as non-economic damages can be claimed while there are states that might permit punitive damages also. In Nevada, punitive damages are awarded based on several factors, and may or may not be made available depending on the case. These damages are amounts awarded arbitrarily with the sole purpose of meting out the punishment for the drunk driver as well as to discourage drunk driving incidents in the future.

This is no different than when someone in your elementary school class did something wrong and had to write 50 sentences such as this “I will behave in class and show my fellow classmates respect.” Not only was this a lesson that particular child, it was a lesson the entire class.

Due to the complicated and often confusing nature of such accidents, it is imperative that you hire a Nevada drunk driving accident lawyer right away. You do not think that is possible? Do you have too much on your plate? Many of these issues will dissipate if you press right here

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