For the most part, drunk drivers who
have caused auto accidents where other people are injured or killed face
criminal charges. They are punished for their crimes with legal repercussions
such as prison time, fines, installation of ignition interlock devices, and
much more.
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However, this criminal case will not
serve to compensate or consider the plight of the victims that the drunk driver
has left in his wake.
According to drunk driving
accident lawyers from Chicago, IL, victims of drunk driving are entitled to
receive compensation for the damages inflicted upon them by filing a civil
lawsuit against the drunk driver and his or her auto insurers.
The civil lawsuit may be in the form of
a personal injury lawsuit, a property damage lawsuit, or a wrongful death
lawsuit, depending on what specifically occurred in the drunk
driving car accident.
Civil suits and no fault laws
In no-fault insurance states there may
be a threshold in effect that prevents the filing of a civil lawsuit against
the drunk driver unless the injuries meet a specific statutory level of
severity or the damages are above the statutorily mandated dollar value. If
your damages are limited to just property damage or minor to moderate person
injuries then you will in all probability have not much of an option to recover
these damages apart from filing an accident insurance claim with your own auto insurance
provider.
Now if you want to see some property
damage you can watch the movie Lethal Weapon II. At the end of the movie,
Martin Rigg’s (Mel Gibson) home, or mobile home, was destroyed by South African
Afrikaner killers with high powered weaponry. Riggs escaped with this dog and girlfriend (she was killed
later on that night though). Now this was not the same as someone running into
your home with their car or running over your front lawn and hitting your fence
but it was property damage nonetheless.
It does not matter who damages your
home, either South African Afrikaner killers or a drunk driver, they need to
pay for the damages.
Civil suits in pure negligence states
On the other hand, when we consider
fault states like Illinois, drunk drivers are pretty much automatically
subjected not only to criminal liability, but also civil liability, say drunk
driving accident attorneys in Illinois.
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| No one wants to get hit by a drunk driver. But if it happens, you need a drunk driving accident lawyer from Chicago, IL to make sure you are not a victim twice. |
In pure negligence states where fault
laws are in effect, you are well within the legal scope to file a civil lawsuit
against the drunk driver irrespective of how severe or not the damages
inflicted upon you were. However, like with any other civil lawsuit, the burden
of proof is on you and so it is you and your lawyer’s responsibility to prove
the claims in your lawsuit with the help of concrete evidence.
Chicago, IL drunk driving accident
lawyers point out that the steps involved in winning such a lawsuit include
proving that:
- the defendant owed you a duty of care
- the defendant breached this duty of care
- this breach in duty was the cause of your damages
- the damages are of a compensable nature
As the plaintiff you will also have to
provide an estimate of the damages caused. You will be entitled to claim
compensation for economic damages, non-economic damages, and punitive damages.
If you or a loved one is injured in a serious drunk driving accident,
it is critical to reach out to a skilled drunk driving accident lawyer in
Illinois. Your legal counselor will work towards helping you obtain the
compensation you need to recover medically and financially, and hold the
at-fault driver accountable for his or her misguided deeds.
If you need legal help, press right here
Drunk-Driving-Accident.USAttorneys. A drunk driver hit
you, it is time to legally hit back!
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