According to the National Highway Traffic Safety Administration (NHTSA), about two in three people will be involved in a drunk driving crash during their lifetime, and every day, 29 people die as a result of a drunk driving crash. Even individuals who survive this horrifying accident may walk away with debilitating injuries that can forever impact their ability to live their lives, form relationships, and support their families.
That is why if you have been injured in an accident with a drunk driver, it is important you reach out to an experienced personal injury accident attorney as soon as possible. These lawyers can not only provide you with the legal support you need turning this devastating time, but they can also assist you as you go after the damages and justice you deserve.
The Laws Regarding Drunk Driving and Alcohol Intoxication
Although the legal standard for drunk driving will vary from state to state, in most jurisdictions, a driver will be considered intoxicated if they operate a motor vehicle with a blood alcohol concentration (BAC) of .08% or higher.
This means that the person can be charged with being under the influence at that level, even if they are not actually impaired. However, if a driver exhibits signs of alcohol intoxication or appears to be drunk, they can still be arrested for driving under the influence or driving while intoxicated with a BAC lower than .08%.
It is also important to point out that as a victim of a drunk driving accident, you will not be pursuing a criminal case against the driver. Instead, you will be bringing a civil claim because you are not trying to convict the driver for driving drunk, but rather you want to recover compensation for the damages and injuries you sustained.
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Compensation Following an Accident with a Drunk Driver
If you sustained severe injuries in an accident with a drunk driver, you may be entitled to certain types of compensation. This compensation is often broken down into the following categories:
These damages refer to compensation for the actual losses that result from an accident, including:
- Medical expenses related to doctor visits, emergency services, hospital visits, prescription medication, and surgeries
- Ongoing medical expenses
- Reduced earning capacity and lost wages
- Personal property damages
- Replacement domestic services
- Nursing care
- Rehabilitative therapy
- Other easily measurable costs
These damages typically refer to compensation for rather subjective losses that are not easy to quantify. These losses include:
- Mental anguish
- Loss of companionship
- Loss of enjoyment of life
In addition, punitive damages may also be available. However, unlike the other damages, which are intended to compensate you for your losses, punitive damages are meant to punish the at-fault party and deter others from doing something similar in the future. As a result, for these damages to be awarded by the court, the plaintiff’s attorney must show through clear and convincing evidence that the defendant’s actions were grossly negligent or especially harmful.
That is why if you have been injured in a drunk driving accident, it is important you reach out to an experienced drunk driving accident attorney as soon as possible. These lawyers can go over your accident, figure out what damages you may be able to pursue, and help you fight for maximum compensation.
The Statute of Limitations to File a Legal Claim Following a Drunk Driving Accident
Unfortunately, time is of the essence when it comes to filing a legal claim following a drunk driving accident. Every state has a statute of limitations that sets the maximum amount of time a person has to file a lawsuit. If you don’t file your claim within this period, you can be barred from pursuing compensation altogether.
It should also be noted there can be exceptions to this rule that can impact the filing period by shortening or extending this time. For these reasons, following a drunk driving accident, it is recommended that you contact an experienced drunk driving accident attorney as soon as you can. These lawyers can promptly review the facts of your crash and ensure that your legal motions and documents are correctly prepared and submitted to the court before time expires.
How an Experienced Drunk Driving Accident Attorney Can Help You Fight for the Damages You Are Entitled to
Drunk driving accidents are devastating accidents that can completely turn a person’s life upside down. That is why it is so important that following this horrifying accident, you fight back and not only go after the justice you deserve but the financial recovery that you are entitled to. Fortunately, with an experienced drunk driving accident attorney on your side, you will not have to take on this complex legal battle alone.
Instead, once hired, these skilled legal professionals can review what happened, determine if you have a viable case, and figure out what legal options you can pursue. In addition, they can make sure to thoroughly investigate your accident and secure the evidence necessary to show the extent of your damages and who was at fault for the crash. Finally, these lawyers can not only handle negotiations to pursue a fair settlement, but if talks go south, they can head to court and fight for maximum financial damages for you.
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Reach Out to Morris Bart Today and Talk to Our Legal Team for Free
If you or a family member have been harmed in a drunk driving accident, do not wait to get the legal support you need to take on your legal claim. Instead, contact Morris Bart today for a free case evaluation and find out how our skilled legal team can help you fight for your rights.
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