What Damages Can Drunk Driving Victims Claim?

If you have been involved in a drunk driving accident, you may feel overwhelmed with the next steps that you need to take. It is true that the legal system can be complex and difficult to navigate in Hendersonville, NC, and elsewhere, but having an experienced DUI victim lawyer by your side can help to ensure that your case is presented effectively and you receive any compensation that you are entitled to. First Step - Seek Medical Attention Before turning your attention to legal matters, it is vital that you seek medical attention after being involved in a drunk driving accident even if you feel fine. Some types of injuries, such as concussions and internal bleeding, may not immediately display any symptoms, but leaving them could have severe consequences. Receiving proper medical care could also help you with any legal case you pursue afterward. Medical records that clearly demonstrate any injuries you suffered immediately after the accident, and during your recovery, can be used if you decide to seek compensation. more Securing Legal Counsel from a DUI Victim Lawyer Once you have ensured that you are safe and your medical needs are being taken care of, securing legal counsel as soon as possible is sensible. An experienced lawyer who knows the complexities of drunk driving cases can help with your insurance claim, and with any personal injury case you may pursue. Dealing with Insurance Now is a good time to get to grips with your insurance policy by reading through the documentation. You will need to know what your insurance policy will cover and what the process of filing a claim will be. Having a lawyer look over any offers or responses from your insurance company can help to ensure that you don't agree to anything that wouldn't be in your best interests. Pursuing a Personal Injury Claim As a victim of a drunk driving accident, you may be entitled to compensation for any injuries you have suffered. These can include economic consequences, such as loss of earnings and medical bills. They can also include non-economic consequences, such as pain and suffering, emotional pain, and PTSD. Negligence Per Se In car accident cases that do not have a drunk driving element, personal injury claims are subject to contributory negligence. This means that any compensation you receive is based on the percentage of the accident you are responsible for. If you were 20% responsible, then you would receive 80% of the compensation you are entitled to. In drunk driving cases, however, negligence comes into play. Under this law, any driver who is found to have been intoxicated when the accident occurred is 100% responsible. This can help to streamline the process as there is no need to prove who is at fault. How To Find the Right Lawyer Using a lawyer who specializes in representing drunk driving victims will help to boost your chances of receiving any compensation you are entitled to. Our lawyers are experienced and knowledgeable about all aspects of the law surrounding drunk driving accidents and are passionate about ensuring that all of our clients receive dedicated, compassionate, and professional representation. If you have been a victim of a drunk driving accident, contact Yelverton Litigators in Hendersonville, NC, and Charleston, SC to find out how our team can help you.

When you're involved in an accident or incident involving a drunk driver in Charleston, SC, the guilty party must be held to account. Hiring an experienced drunk driving accident attorney is the best way to ensure justice is served and you receive the compensation you deserve. From determining what your claim is worth to taking the case to court, we look at the role of a lawyer in drunk driving victim cases. A Drunk Driving Accident Attorney Provides Legal Representation A lawyer's primary role is to represent you throughout the legal process. They will act on your behalf, looking after your best interests in negotiations and throughout court proceedings. more Determine a Fair Settlement There's no exact science when assessing the settlement you deserve. Insurance companies will try to offer the minimum amount they can, which is often much lower than it should be. An attorney with knowledge of DUI laws and experience handling personal injury cases is better placed to determine a fair settlement. They'll take into account factors such as the severity of your injuries, emotional distress, medical bills, and lost wages, to calculate what your DUI claim is worth. Investigation and Gathering Evidence Your DUI attorney will use their local knowledge and contacts to investigate the drunk driving incident and gather evidence, such as witness statements, police reports, medical records, and CCTV footage. All the evidence they collate will be used to build a strong case against the guilty party. Negotiate with Insurance Companies Negotiating with insurance companies is tough and, if you attempt to do so alone, you'll unlikely receive the compensation you deserve. A lawyer will handle these negotiations, fighting in your corner to secure the best settlement possible. Take the Case to Court When negotiations fail and no settlement is reached, your legal team is prepared to take the case to trial. Their legal strategy will form the basis of the case, and they'll present the evidence and make your case before a judge or jury, advocating for a favorable outcome. Charleston, SC Dram Shop Laws Did you know the Charleston establishment that served alcohol to the drunk driver can also be held responsible? Many people are unaware of South Carolina's dram shop laws which state that the place responsible for the intoxication of an individual is also responsible for their actions after they leave the venue. A good attorney will investigate the bar, restaurant, or club where the driver became drunk (or more drunk) to ascertain whether they over served the individual and allowed them to drive while intoxicated. If so, you may have a legal claim against the venue. These cases are complex, but an experienced lawyer can guide you through the process, ensuring the establishment is held to account and you receive a fair settlement for damages. South Carolina's DUI laws are complex and difficult to navigate, which is why you need an experienced attorney on your side when you or a loved one is involved in an accident caused by a drunk driver. From investigating the accident and negotiating with insurance companies to litigating, we will fight to make sure justice is served. Contact Yelverton Litigators in Charleston, SC today, and let our dedicated team get you the compensation you deserve.

You can seek legal recourse if you suffer serious injuries caused by a drunk driver. Find out how a DUI accident attorney in Charleston, SC can help you get compensation to cover the cost of medical bills, lost wages, and other related expenses. Compensation for Drunk Driving Injury: Advice From a Charleston, SC DUI Accident Attorney Understand the Available Damages Unlike some states, South Carolina doesn't limit the personal injury damages in a DUI case. You can recoup both economic and non-economic costs. Economic costs include the expenses you can tabulate, such as medical treatments, surgeries, time out of work, and property damage like the loss of your vehicle. Non-economic costs include expenses without a number attached, like loss of life enjoyment or pain and suffering. In addition, the judge can award punitive damages in a DUI case. These fines punish the responsible individual in cases of extreme negligence. The state limits punitive damage to $500,000 or three times the personal injury damages awarded (whichever is larger). more Consult an Attorney Right Away According to the statute of limitation in South Carolina, you only have three years to file a personal injury lawsuit. The clock starts on the day of the accident, so it's important to act quickly if you plan to seek compensation for your injuries. An experienced personal injury attorney knows the state laws about DUI accidents. They can help you navigate the court system and follow the necessary steps to get compensation for the cost of catastrophic injuries. Gather Evidence For a successful lawsuit, you need to show that the person directly caused your injuries by driving under the influence of drugs or alcohol. Evidence for a DUI personal injury case should include the police report from the incident as well as the results of any breath or blood test taken by the defendant. You can also present witness testimony as well as photos and videos of the accident scene. The defendant may argue that you shared responsibility for the accident. For example, if you didn't have your headlights on when the collision occurred, the judge could decide you have 20% of the fault for the incident. In this case, they would reduce the amount of your damages by 20%. Collect Your Judgment If you win the case, the judge will determine a fair amount based on the circumstances of the accident. The defendant has 30 days in South Carolina to challenge the judgment. After that period passes, your attorney can take steps to collect the awarded amount. For example, they can contact the person to arrange a payment plan and file a lien against personal property, such as the defendant's home or vehicle. When you hire a trustworthy personal injury attorney, you have someone on your side throughout the process of preparing your case and awaiting the results. They can help determine the appropriate amount to request for your injuries and put together the evidence you need for a successful hearing. Contact Yelverton Litigators in Charleston, SC today for the knowledgeable assistance you need after experiencing DUI injuries.