A critical part of the role of a drunk driving accident lawyer is to help victims understand their legal rights. If you’ve been injured by someone’s drunk driving, contact our Hendersonville, NC office right away, and we’ll help you protect each of your rights and get compensation for your injury and losses.
Ask a Henderson, NC Drunk Driving Accident Lawyer: What Are My Rights as a Victim?
Right to Seek Compensation
If you are a victim of a DWI in North Carolina, you have the right to seek compensation. This compensation is not limited to medical expenses but can also cover lost wages, property damage, and pain and suffering. In North Carolina, the law recognizes the devastating impact a drunk driving accident can have on your life and therefore allows for comprehensive claims to cover various damages.
Here are some of the complications and facts you need to know about:
Negligence and Liability
North Carolina follows the contributory negligence rule, which means that if you are found to be even slightly at fault for an accident, you usually would not be able to recover damages. However, the good news is that when a driver’s conduct was willfully or wantonly egregious, such as if they were exceeding the speed limit by a particularly large amount or were driving under the influence, that changes, and you may be able to sue even if you were partially at fault.
Punitive Damages
In cases where the driver’s conduct is found to be particularly reckless – and drunk driving falls into this category far more often than with ordinary car accidents – North Carolina law permits victims to seek punitive damages. These are damages intended to punish the wrongdoer and deter them and others from engaging in similar behavior in the future. Punitive damages are based on the severity of the misconduct and the driver’s level of intoxication, and they are not automatically awarded just because the other driver was drunk. You’ll need to prove your case and talk to your lawyer.
Statute of Limitations
It is important to be aware of the statute of limitations in North Carolina. For most personal injury cases, including drunk driving accidents, this period is typically three years from the date of the accident. Failing to file within this period can result in losing the right to seek compensation.
Right to Bring Wrongful Death Claims
In tragic circumstances where a drunk driving accident leads to a fatality, the victim’s family has the right to file a wrongful death claim. This legal action seeks compensation for the family’s loss, including loss of income, emotional distress, and funeral expenses, but the statute of limitations here is only two years from the date of your loved one’s death if they did not immediately die at the time of the accident. If they did, the normal three-year statute applies.
Right to Legal Representation
Perhaps the most critical right you have as a victim is the right to legal representation. An experienced personal injury lawyer fully understands the legal process and has been down this road. An experienced lawyer will know how to ensure your rights are protected and help you secure the compensation you deserve.
As a victim of a drunk driving accident, you have specific rights aimed at ensuring you can seek justice and compensation. Remember, the law is on your side, and with the right legal support, you can see justice done. Contact Yelverton Litigators if you’re in Hendersonville or anywhere in North or South Carolina, for a free consultation today.
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