Drunk driving is one of the most common causes of car accidents, and the percentage of fatal accidents involving alcohol is even higher. If you suffered an injury caused by a drunk driver, you could be entitled to financial compensation.
At Triumph Law, we can help you bring the drunk driver who caused your accident to justice and get you the money you need and deserve. Our team of personal injury lawyers in California has a long history of securing favorable outcomes for our clients. Reach out to us today through our website or by phone to schedule a free case evaluation with a member of our legal team.
Recoverable Damages Following a Drunk Driving Accident
After suffering injuries caused by a drunk driver, there are many damages you will likely be able to pursue. All compensatory damages are split into the categories of economic and non-economic damages.
Economic Damages
Any monetary losses that resulted from your accident with a drunk driver can be categorized as economic damages. The most commonly recovered economic damages in drunk driving accident cases include:
- Property damage
- Necessary modifications to your vehicle or home to accommodate an injury
- Medical expenses
- Future medical bills
- Lost wages
- Decreased ability to earn income
Non-Economic Damages
All other losses you face after a drunk driving accident are considered non-economic damages. The most commonly recovered non-economic damages in drunk driving accident cases include:
- Emotional distress
- Pain and suffering
- Diminished ability to enjoy life
- Permanent disability
- Scars and disfigurement
- Loss of companionship
- Mental anguish
Punitive Damages
There is also a strong likelihood that you will be able to recover punitive damages if your accident was caused by a drunk driver. While punitive damages are only awarded in a small percentage of car accident cases overall, they are quite common in cases involving drunk drivers.
The primary way in which punitive damages differ from compensatory damages is that compensatory damages are awarded to replace the losses suffered by the accident victim, while punitive damages are used as a punishment for the at-fault party.
Be Sure to File Your Drunk Driving Accident Lawsuit Before Time Runs Out
When trying to recover compensation by suing the liable party, you need to ensure you know the cutoff date for submitting your lawsuit to the court. In California, victims are generally granted two years to take legal action against the at-fault party. Missing this deadline will likely mean the loss of your right to pursue damages.
However, there is the possibility that your case does not fall within the range of the standard statute of limitations. The details of your case could allow you to file a lawsuit even if the typical two-year deadline has passed. On the other hand, you could discover that you actually have far less than two years to take legal action.
The best action you can take to ensure that all your paperwork is filed on time is to hire an experienced California drunk driving accident attorney soon after your crash. Your lawyer will determine the deadline that applies to your case and complete and file all the required documents on time.
Your Triumph Is Our Triumph
(916) 500-0000Necessary Elements for Proving Negligence
You will not be able to recover compensation until you first determine who is at fault for your accident. Fault can be demonstrated by proving negligence or that your injuries resulted from an intentional act. Establishing negligence on your own can be challenging. Fortunately, an experienced drunk driving accident attorney in California can help.
There are four elements that must be established to prove that another party was negligent. To demonstrate negligence, you need to show that:
- You were owed a duty of care
- The other party breached that duty of care
- You sustained damages
- Your injuries were the direct result of the breached duty of care
Duty of Care
When attempting to recover compensation from another driver in a car accident, proving that they owed you a duty of care is fairly straightforward. When on the road, all drivers owe a duty of care to everyone else in the vicinity. That means that drivers are required to follow all traffic laws and use reasonable caution to prevent an accident.
A Breached Duty of Care
Proving that the duty of care was breached in a drunk driving accident is simple. If you can show that the other party was intoxicated, that will be plenty to establish that they breached their duty of care. Drunk driving is incredibly hazardous and puts the driver and all others around them in danger.
Your Damages
The next thing you will need to do is show that you suffered damages in the accident. This can be done with copies of your medical records as well as an invoice from an auto repair shop.
However, you need to be sure that you seek medical attention as soon as possible after the crash. Otherwise, the defense will attempt to argue that the collision did not cause your injuries.
Your Damages Were the Result of the Breached Duty of Care
The last step in establishing negligence is proving causation. You need to show that the damages you suffered resulted from the other party breaching their duty of care. An experienced California drunk driving accident lawyer can help prove cause and effect.
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Contact a Drunk Driving Accident Attorney in California Today
You need to choose the right lawyer to give yourself the best chance of recovering fair compensation after a crash. You want a lawyer with a proven history of securing favorable outcomes for their clients in cases similar to yours. It is also important to choose an attorney who is not afraid to take your case to trial.
While the odds are that your case will end in a settlement, hiring a lawyer with a positive track record in the courtroom will put you in a better position to negotiate a deal that works for you. Furthermore, if your case doesn’t settle, you’ll be in a great position to win big at trial. Reach out to us today by phone or through our website to schedule a free case evaluation.
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