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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