How a Criminal Case May Affect Your Injury Claim
You may not have a criminal case pending against the person who caused your drunk driving accident, but it could affect your civil suit. While criminal and civil cases occur separately, an active criminal case can significantly affect your injury case. This is because law enforcement generally isn't willing to provide access to evidence while a criminal case is pending, and they may not want to release audio or video recordings of the crash. This could undermine your case in several ways.
Recovering damages
You can recover damages for your injuries in a drunk driving accident by filing a lawsuit against the responsible party. In New York, you can recover for your medical bills and expenses, and lost wages. You are not entitled to receive exemplary damages, which punishes extreme negligence, but you can still file a lawsuit if you want to obtain them. Your lawyer can help you recover the damages you deserve, including economic and non-economic losses.
You can also seek non-economic damages, such as pain and suffering. These damages are not quantified through receipts or bills but can be significant. These damages can include loss of consortium and sexual relations.
Filing a claim with the insurance company
A personal injury claim would be valid if a drunk driver injured you. If the driver is under the influence of alcohol, it will be harder for them to fight your claim. In this case, hiring a dependable attorney who thoroughly investigates your claim is essential.
The first step in a drunk driving accident claim is to consult a personal injury attorney with experience in this type of case. A personal injury attorney will analyze the circumstances of the accident, and they will consult with financial planners and doctors to determine the full extent of the victim's losses. Once the accident has been investigated, the attorney will negotiate with the insurance company and handle the paperwork.
When you file a drunk driving accident claim with the insurance company, the insurer will try to offer a settlement as soon as possible. This is because a drunk driver will probably be convicted of reckless driving, and the jury will likely show sympathy for the injured party. The insurer will try to pressure you into signing a release of liability, which will preclude you from taking legal action against the other driver or the insurance company. It's also essential to keep all your medical records and bills for you to have a look at.
Gathering evidence
If you're filing a lawsuit against someone who hit you with a drunk-driving car, you can do several things to help your case. One of the first things you can do is to collect as much physical evidence as possible. You may be able to obtain photographs of your crash scene, but you may also need to gather any medical records that may be relevant.
Gathering evidence is crucial because insurance companies will often try to minimize the damages they pay by claiming that your injuries are exaggerated. This is why you should call a lawyer as soon as possible. An attorney will gather evidence to prove your case and help you get the compensation you deserve.
Filing a lawsuit
If you were hurt by a drunk driving accident, filing a lawsuit against a drunk driving accident attorney is one way to recover the money you deserve. Although the liable party may not be responsible for all damages, the drunk driver's insurance company must pay a certain amount for an accident. A personal injury lawsuit can help you secure the compensation you deserve and help you deal with the insurance company.
In a drunk driving accident lawsuit, you must prove that the driver was under the influence of alcohol. Generally, you can prove this if the driver had a blood-alcohol level of 0.08% or higher. However, verifying if the drunk driver had less than this level is difficult.
Finding a lawyer
If you have been injured in a drunk driving accident, you first should contact an accident lawyer to discuss your rights. It is essential to get legal advice quickly because the statute of limitations for filing a lawsuit can be extended. The law of rules in New York is three years, but this can vary depending on the circumstances of the accident.
Even if the other driver was not at fault in the accident, the drunk driver might still be responsible for the crash. While proving the intoxicated driver was at fault is not tricky, you must demonstrate that they were the direct cause of the accident. Additionally, you must prove that the accident caused economic and non-economic damages. This includes medical bills, lost wages, and any damage to your property.