Drunk Driving Accident Claims

It is sad to say that every day in the United States there is someone who is killed in an alcohol-related car accident. In fact, car accidents that are alcohol-related comprise almost 1/3 of every accident in the United States. If you are involved in such an accident, you may wonder what are your legal rights and options. The following information will help to clarify any questions that you may have in regards to this important issue.

When a person is involved in a car accident because of an alcohol-related incident, they need to know that this type of accident is quite different from a typical car accident. The reason why it is different is that anyone who drives under the influence of alcohol is breaking the law. If you have been hit by someone, who has been drinking and then you do have the right to pursue fair compensation from the guilty driver. It should be noted however that any claim for compensation against a drunk driver will not be a criminal case but rather a civil case.

The local prosecutor or district attorney may file charges against the drunk driver but as mentioned above the compensation that you receive will not be using this criminal case. Anyone who files a civil case against an impaired driver is seeking financial compensation for their injuries. In fact, the only way that you can recover compensation from the guilty driver is using a civil claim. The compensation is called “damages, ” and it can take several forms.

There are general damages and special damages. General damages will compensate you for mental and physical pain and suffering. Special damages will compensate you for any expenses such as medical costs, rehabilitation costs, vehicle repairs, or lost income. Both of these types of damages are called compensatory damages. There are certain cases where a person may claim punitive damages. Punitive damages are claimed as a way to punish the drunk driver for his apparently reckless behavior. These type of damages will hopefully discourage the driver from displaying a similar type of behavior in the future.

It is important to note that immediately after such an accident you will receive a call from the insurance company of the drunk driver. They will most certainly offer you a specific amount of money to settle the claim quickly. The purpose of this call is to catch you off guard so that you settle the claim before carefully considering the ramifications. They do this so that they can avoid any expensive future medical expenses. You need to understand that the guilty party’s insurance company does not have your best interests at heart. Never settle this type of claim before talking to your personal injury lawyer.

A car accident caused by a drunk driver will obviously allow you to make a claim against the driver, but there may be other people involved. Each state is different with these type of laws, but some states will allow you also to sue a business or other persons. The Dram Shop Law is in place so that an injured party can make a civil claim against a business, restaurant, or bar that has served the alcohol to the intoxicated driver.

Depending on the state that you live in you may also have the opportunity to introduce a civil claim against a private host who has given alcohol to anyone who is under age or noticeably intoxicated. This law was put into place so that others would be accountable when serving alcohol and especially to any person who is obviously drunk.

Unfortunately, many accidents caused by intoxicated drivers result in complications because the driver does not have any or sufficient car insurance coverage. In this type of situation, a Drama Shop Claim becomes critical. An injured party can also at times bring a claim for this kind of accident against their insurance company. Many insurance policies provide this feature, and it is important for you to consider this feature when purchasing an insurance policy.

The bottom line is that if you are ever involved in a motor vehicle accident with a drunk driver, it is critical to immediately seek the advice of a qualified attorney who is licensed in your state.

Settle Out Of Court Or In Court?

Most Americans do not realize or understand how the majority of motor vehicle accident injury claims end up in a settlement. Is a well-known fact that the majority of personal injury lawsuits are settled without going to trial. In fact, there is a huge percentage of personal injury insurance claims that are resolved using a settlement without any lawsuit being filed.

That is not to say that it is not advantageous for a personal injury claim to go to court and let a jury or judge decide the case. Obviously, each personal injury case is completely different, and there will be a lot of factors that need to be considered before deciding which way to go. The following information will help to clarify both options. The first option will be to settle your personal car accident injury claim out-of-court and the second option will be to settle your claim in court.

The advantages of settling a claim before going to court are many, and as mentioned previously this is the major way of settling these type of claims. Some of the advantages include avoiding high lawyer’s fees, receiving compensation faster, avoiding multiple appearances for court hearings, trial, dispositions, and proceedings, and finally to avoid a jury or judge decision that may be unpredictable.

The key question will be to ask yourself whether you want to risk receiving no compensation if you lose at trial. This will be a personal decision that you will have to make as you outweigh the difference between your estimate of what a fair compensation value should be as opposed to a settlement offer.

If you decide to go via the out-of-court settlement route, then you can start your settlement talks using a demand letter. A demand letter will require a lot of evidence gathering and preparation. This will be necessary before you decide to draft the letter. If you have received any medical treatments, then you should include all medical records from whoever provided the treatment. This will also obviously include any rehabilitation treatments. It should be noted that this may take quite some time and that most medical providers will charge you a fee for these records.

For anyone who has missed work because of an accident then you should also include employment records which will show your wage and some hours that you work each week. If your vehicle has been damaged, then you will also need an estimation about the cost to repair it. Any other appropriate information should also be included with this draft letter.Write letter

Once you have all of this information gathered then, you can draft a concise and well-written demand letter. Make sure that you write the letter in chronological order and include all of the important dates. Also, describe any important events that preceded the accident and include any eye-witness details. Once you have completed all of this, then you can send a copy of the letter to the wrongdoer, the wrongdoer’s insurance company, and the criminal’s lawyer.

As mentioned previously, the majority of personal injury claims are settled out of court, and it is normally in your best interest to do so. However, there are occasions where an out-of-court settlement is not advisable or possible. For example, an insurance company may not respond to your demand letter, or they may offer you a compensation package that is far too low. Also, some people simply want their day in court.

Whatever the case, your next step will be to contact a personal injury lawyer who will file a formal legal complaint on your behalf. The formal legal complaint will also be served to the other driver, and he will have a period to respond to the complaint. The period is typically 20 days. Your next step will be to participate in a discovery process. A discovery process is when you ask for information from the defendant. He can also ask for information from you. You can also receive information using a deposition.

The trial will be the last step of a car accident lawsuit. During a typical trial, a jury or judge will hear the evidence from both sides and then make a decision on the case. It should be noted that the representation and preparation of such a trial can be very expensive and time-consuming. Finally, it should be pointed out that a settlement can still be made even during any point of the trial process.