Are There Special Settlement Considerations In Injury Claims Involving Drunk Drivers?
If the other driver in your accident case was drunk and this is documented in the police or arrest report, it is almost impossible for the insurance company to try to blame you for the accident. Insurance companies know that cases that go to trial involving a drunk driver usually bring higher jury awards for the same kind of injury. It’s important to have an attorney with experience in these kinds of cases to get the insurance company to do what they should be doing to resolve these cases fairly. When a drunk driver causes serious injury or death, it is vital to find out where the driver was served. A “dram shop” case can be pursued against a bar or restaurant for over-serving a highly-intoxicated patron. This information is needed as soon as possible in order for a proper investigation to be conducted.
What Evidence Do I Need To Prove Damages In A Drunk Driving Related Accident Injury Claim?
We do the same thing in a drunk driving case that we would in any other kind of case to prove damages. However, there is one additional kind of damage that you can claim in a drunk driving case: punitive damages. Punitive damages are sometimes awarded for “willful and wanton” negligence or “gross negligence.” Drunk driving is good evidence of gross negligence, and when there is gross negligence you can request punitive damages at trial. Punitive damages are damages that go beyond what is necessary to compensate you for the harm that you suffered. They exist to punish the wrongdoer in order to deter others from committing that kind of wrongdoing.
Does The Driver Need To Be Convicted Of A DWI Before I Pursue A Personal Injury Claim?
We begin pursuing the personal injury claim immediately. A DUI conviction usually takes a number of months and can even take a year to be concluded. If there is evidence of DUI, we request that evidence as soon as possible from the police. We receive the accident report very quickly and the reports from the DUI prosecution usually take longer to reach us. We work to have the claim submitted and prepared as soon as possible, so that as soon as we have the toxicology reports and other documentation from the DUI prosecution, we can add those to the claim and then get the claim settled.
How Long Do I Have To Bring A Claim Against A Person Driving Under The Influence?
You have the same amount of time in a case involving drunk driving as you would have in any other accident claim. That is a two year statute of limitations unless the driver was a government employee who was on the job, which is very rare in DUI cases.
For more information on Personal Injury Claims Involving Drunk Driving, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 588-5999 today.