Injuries or deaths resulting from
drunken driving are often the premise of many civil lawsuits. These may be personal
injury lawsuits, property damage lawsuits or wrongful death lawsuits depending
on the specifics of the case say drunk driving accident lawyers from New
Orleans, LA.
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Drunk driving with children in the car is even worse. |
A driver that caused an accident while
driving under the influence will of course be legally persecuted by state
prosecutors who will go ahead and file a criminal charge against the drunk
driver. This criminal charge (if the driver is convicted) will serve to punish
the driver and ensure he serves the time he is sentenced to. However, what it
does not do is provide any sort of relief for the victim or victims of the
drunk driver who have been inflicted with damages for no fault of their own.
Getting into a car wreck can be
horrific, it can also be deadly. Have you seen the movie Nightcrawler with Jake
Gyllenhaal? His evil and nefarious character, Louis Bloom, caused an accident
to occur to his rival Joe Loder. This accident was all but lethal. This was not
a drunk driving accident but nonetheless, accidents can be dangerous and affect
you for life. Just imagine if a drunk driver hits you? Your reaction should be
to hire a legal counselor ASAP.
Therefore, the state allows and
recognizes civil lawsuits which victims can file against the drunk driver in
order to win compensatory damages for the accident,
reiterate Louisiana drunk driving accident attorneys. One critical aspect to
keep in mind about civil lawsuits is the fact that they are considered a
distinct and separate legal process from the criminal lawsuit.
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Dealing with the other insurance company is not something you should be trying on your own. This is where New Orleans, LA drunk driving accident lawyers should enter your life. Certainly one of them! |
Therefore, the outcome of the criminal
lawsuit will not necessarily dictate the outcome of the civil lawsuit. OJ
Simpson knows all about that! However, the plaintiff in the civil lawsuit may still
go ahead and cite the outcome of the criminal lawsuit as evidence in the civil
lawsuit in order to further support claims made within the civil lawsuit.
Another objective of the criminal
lawsuit in a DUI accident, apart from legally punishing the drunk
driver, is to discourage drunk driving in general and act as a deterrent to
drunk driving in the community and city. When people are aware that they can be
hit with severe criminal charges and be sentenced to several years in prison
for driving drunk, they often tend to make better decisions. And if they do
not, they will be paying back society in terms of fines and penalties.
Filing a civil lawsuit against a drunk
driver in a no fault state
No fault states are states where in auto
accident victim will (except in certain circumstances) turn to their own auto
insurers for compensation say New Orleans, LA drunk driving accident lawyers.
In a no fault state, even if it obvious that the drunk driver negligently
injured you or caused other damages to you or your property you cannot file a
civil lawsuit against the at fault driver unless the damages meet a certain
mandated minimum dollar amount. This is illogical but some states chose to go
down this legal avenue.
Filing a lawsuit in a pure negligence
state
A pure negligence state is where the
at-fault driver and/or his auto insurers are liable for the damages caused by
the accident. You will not have any legal restrictions in suing a negligent
drunk driver in a pure negligence state. However, these civil lawsuits are
subject to a statute of limitations and it is imperative that you file your
lawsuit without delay.
Louisiana is a fault state
Louisiana is a fault state. What does
this mean? This means that someone who causes an accident is liable. They are
liable normally through an insurance carrier. This means if the other driver is
at fault, you can sue them, your insurance carrier, or dish out a personal
injury lawsuit. You need legal help for any of this. You need legal assistance
ASAP, as already stated.
If you a victim of an accident caused by a drunk
driver, we highly recommend that you consult a Louisiana drunk
driving accident lawyer in as soon as possible for all the right and honorable
reasons.
Links have been provided. But here you
go again: Drunk-Driving-Accident.USAttorneys. Contact us if you want. We built this site to serve
people whose BFF is not a lawyer and that includes most people. Even if your
friend is a lawyer, are they the right type of lawyer?
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