Drunk driving accidents are often serious crashes, which result in serious bodily injuries, extensive financial damages and profound emotional distress. Navigating the legal proceedings after the accident can become complex for the victim. Personal injury lawyers help them by securing appropriate treatment, benefits and financial compensation.
In this blog we will outline how personal injury lawyers help victims get proper compensation for drunk driving incidents.
Understanding Drunk Driving Accidents
Drunk driving accidents involve collisions between two or more parties, including pedestrian accidents where victims are struck by an automobile. Drunk drivers often show a blood alcohol concentration (BAC) level beyond 0.08%. However, road accidents may happen even with a lower BAC, where a smaller amount of alcohol still affected the judgment and reaction timing of the driver.
Victims of drunk driving incidents can commence negligence actions in court, seeking compensation for their damages and may also file claims for no-fault accident benefits.
How to Seek Compensation?
Personal Injury Lawyers are essential advocates who advance the rights of victims of drunk driving incidents. The process involves initial consultation, investigation, and case building. The lawyer evaluates your case during the initial consultation and then gathers essential facts and evidence by collecting police reports, medical records, expert reports, witness testimonies and in some cases accident reconstruction evidence. In addition to assisting their clients with claims for no-fault accident benefits, a personal injury lawyer helps secure fair compensation for the victim through negotiations, litigation and if the matter does not settle, by way of trial.
How are Drunk Driving Cases Built?
Proving fault in a drunk driving case involves establishing that the driver had civil responsibility but violated it by driving under the influence of alcohol and operating their vehicle in a negligent manner.
Primary evidence of drunk driving can be gathered from the result of blood alcohol concentration (BAC) tests, field sobriety tests and police reports that confirm intoxication. The extent of driver’s impairment and recklessness can be determined through witness testimonies of passengers, bystanders and professionals.
A personal injury lawyer uses collected evidence to present legal arguments to establish negligence. The lawyer then secures compensation for medical expenses, wage reimbursement, and emotional trauma, among other things, through settlement agreements and court actions.
In the event the drunk driver’s insurance refuses to honour the policy of insurance because of the drunk driving offence, a personal injury can assist with a claim against your own insurance through the uninsured provisions of your insurance policy.
Fighting for Compensation
Victims of drunk driving cases may be entitled to compensation for medical expenses, housekeeping expenses, income loss, and non-economic damages like physical pain, emotional distress and suffering. In some cases, a claim may include punitive damages against a drunk driver to both punish the driver and discourage ongoing misconduct.
Personal injury lawyers try to secure a fair settlement by negotiating with insurance companies but prepare for legal proceedings if settlements fail to materialize.
Shortcomings of Drunk Driving Accidents
Understanding the legal processes can be challenging for victims of drunk driving incidents. It can be difficult to demonstrate the extent of your injuries, especially when the insurance companies retain medical experts who try to minimize the extent of your injuries. Documents gathered from medical experts and treating health care professionals assist build your case and mitigate against reports generated by insurance company “hired gun” experts.
Legal Process and Timeline
After the initial fact gathering stage and the commencement of treatment, a drunk driving accident case commences with filing the Statement of Claim, which is served on the defendants. In the discovery stage, both parties trade information, including police documentation, medical files, and witness testimonies. The case next proceeds to Examinations for Discovery, where the parties are examined under oath, followed by Mediation.
Drunk driving cases often resolve through settlement negotiation either before or at Mediation. If not, the case moves forward toward trial. The timeline varies depending on the complexity of the case, the recovery time and the reasonableness of the parties. A typical drunk driving case with serious injuries could be resolved between two to four years. Some more complex cases can take 5 or more years. An experienced personal injury lawyer guides victims, ensuring they receive the highest fair compensation for their losses.
Conclusion
In drunk driving accidents, personal injury lawyers bring their expertise, understanding the complexities of legal and insurance procedures and helping in proving negligence or advancing claims under the uninsured provisions of their own automobile insurance policy. Lawyers assist accident victims obtain the maximum fair compensation by obtaining financial recovery needed for medical treatment, wage losses and emotional distress, among other things.
Our experienced team of personal injury lawyers at SG Injury Law specialize in building strong cases for accident victims. We offer dedicated legal representation to secure justice. Our client-focused approach helps us to ensure fair compensation for our clients.
Are you looking for a car accident lawyer in Ottawa, Kingston or anywhere across Ontario? Book a consultation with our legal experts today!
FAQs
- What should I do immediately after being involved in a drunk driving accident?
You should obtain medical help, call the police, gather photos from the scene and witness testimonies. After securing the police document about the accident, you should contact a personal injury lawyer to defend your rights while seeking compensation for your medical injuries. - How long do I have to file a lawsuit for a drunk driving accident?
Adults usually have two years to file a lawsuit for damages. An application for accident benefits usually should be made within 30 days. You should first consult a personal injury lawyer to ensure you do not miss legal deadlines and help you secure appropriate compensation. - Can I sue if the drunk driver is uninsured?
Yes, you can file a personal injury lawsuit even if the drunk driver is uninsured or has his or her insurance denied due to their criminal acts. A lawyer can help explore all available legal options to recover damages for medical bills, lost wages, and suffering. You can advance a claim in both negligence and also one for no fault accident benefits. - Will I have to go to court for a drunk driving accident case?
A large number of cases are resolved between parties, before trial. In some cases the claim can settle before a lawsuit is started. An injury lawyer will provide support during this process and advise you on your options for settlement and whether and when to proceed with a court action. - What if the drunk driver was a repeat offender?
The presence of previous DUI offences from the driver can result in an award of punitive damages. This is especially true if the drunk driver has managed to otherwise evade punishment. When a drunk driver is criminally charged however, a civil court is more likely to determine that the goals of punishment have already been met.