Drunk Driver Accident Attorney – DUI Injury Lawsuit
A drunk driver that causes an accident can be a scary thing. In such cases we have seen significant injuries for a number of reasons. Injured parties are often entitled to relief and a relatively short settlement period. Additionally, you can be entitled to enhanced damages as part of your claim. California has very special rules in such cases, if you were hurt read the following article regarding your rights if you were involved in an accident with a drunk driver.
What if I was not insured?
It is important to point out the no insurance issue as it comes up from time to time. If you were involved in a motor vehicle accident and were NOT insured at the time of the accident you are subject to proposition 213. Proposition 213 in short cuts off your pain and suffering recovery and limits recovery only to medical bills. However, one exception to this is recovery when the at fault driver was under the influence. In such cases the lack of insurance will not be considered as a factor and you will be entitled to recovery whether or not you were insured at the time. This is a nuance exception, but can be important to maximize the case value should you not be insured at the time of the accident.
Who Can I Sue in a Drunk Driving Accident
Who is liable is often a very important question. Liability can be determine in a number of ways. First, if the police are called out to the scene of the accident a report will be filed. Second, witness statements can be used to identify fault in such accidents. Third, you can rely on the areas of impact or AOI to determine how the accident happened. In drunk driving cases proving liability is less difficult, but still needs to be established in order to win the case. Always remember to not make any statements to the insurance company and speak with an attorney.
Common Injuries Following an Accident
Injuries after a drunk driving accident can be more significant. Generally in such cases the impact can be significant causing serious bodily injury. After an accident you should always get checked out by a medical professional. You must determine what the extent of your injuries are and whether you have suffered any long term damage to your body. If you do not have insurance, it is advisable that you speak with your attorney about seeking medical treatment. A list of common injuries include the following:
- Back injuries;
- Neck injuries;
- Shoulder separation injuries;
- Traumatic brain injuries;
- Ocular or eye injuries;
This is a very limited range of injuries. Clients can suffer more extensive injuries if they were involved in an accident.
What is enhanced recovery
Enhanced recovery is just another term for increasing or maximizing the value of the case. DUI cases will afford the injured party greater rights and potentially allow you to pursue punitive damages for the injuries you have sustained. Should you be injured you are permitted to file suit for the harm you have sustained. With regards to how this works with insurance companies you can consider the following. Insurance companies consider every case for litigation. The last thing they are going to want is to pursue a claim in defense of an individual who was driving while intoxicated. From a strategy point of view that is strong leverage for allowing recovery for your claim.
Determining case value – Average Auto Accident Case Settlement
What is the value of my case? Many clients often ask me this question, but it is almost impossible to give a definitive answer. Case value is determined in part by the damages to your car, yourself and insurance limits. Knowing the answer to each of these questions will take time and is often times the only way you can identify the extent of your damages. While every now and then you have an exceptional situation where these factors are obvious, it is rare and to determine value you need to give the case time to develop. Should you or your loved ones be the victim of a injury caused by an intoxicated driver our office would like to hear from you. Please feel free to reach out to us in order to discuss.