Drunk driving is a dangerous criminal offense that often results in a collision and serious injuries. After getting struck by a drunk driver, you will likely face many financial difficulties, including expensive medical costs and an inability to return to work immediately. Recovering compensation from the liable party can be critical to moving forward with your life after a crash.
At Pacific West Injury Law, we understand how devastating a drunk driving accident can be. Our team of Spring Valley drunk driving accident lawyers is dedicated to helping accident victims recover the compensation they need after a crash. Contact us today to schedule a free case review. You can reach us by phone or through our online contact form.
Determining Who Is Liable After a Drunk Driving Car Accident
Liability in a drunk driving car accident is typically pretty straightforward. The drunk driver always holds a level of liability in these crashes, even if the actions of another party also contributed to the accident.
A drunk driving accident lawyer can help establish the drunk driver’s liability while also determining whether another party shares a level of liability for your damages.
What Actions Will a Drunk Driving Accident Lawyer Take?
When you hire a drunk driving car accident attorney, they will begin representing you by launching an investigation into your accident. This inquiry will aim to both establish liability and allow your attorney to gather evidence to support your claim. After completing their investigation, your attorney will assess your damages and calculate the full value of your claim.
The next step will be for your attorney to draw up all the necessary paperwork and file your drunk driving car accident lawsuit with the court. After this, the pretrial process will begin. Steps in the pretrial process include:
During discovery, both parties gather together all the evidence they have collected and exchange it for the other side to examine. Discovery is a crucial step in ensuring a fair trial as it gives both sides the opportunity to review all evidence that will be presented at court and prepare their arguments accordingly.
Depositions are recorded testimony given outside of the courtroom. Depositions are taken at the end of the discovery process. Both parties get the chance to question witnesses and parties involved in the drunk driving accident in the presence of a court stenographer who records the proceedings. Recorded depositions may be used at trial in many different situations.
Mediation is the final step before a case moves to court. During mediation, both parties will meet in a neutral location where an independent third party will preside over proceedings. Mediation serves as a final attempt for the two parties to resolve their dispute and come to terms on a settlement agreement.
From the time you hire your attorney, they will be in communication with opposing counsel, attempting to reach a settlement deal. If they succeed in coming to terms on an agreement, your case will end, and you’ll be able to recover the agreed-upon compensation.
If a deal is not struck by the end of mediation, your lawsuit will move to trial, where your lawyer will represent you.
File Your Drunk Driving Accident Lawsuit on Time
In Nevada, drunk driving car accident victims generally have two years to file a lawsuit against the liable party. If you fail to file a lawsuit within this period, you may lose your right to recover compensation for your damages. However, you need to be aware that there are many exceptions to this two-year statute of limitations.
Special circumstances may allow you to file a lawsuit even after the original two years have run out. Alternatively, you could find that you actually have far less than two years to file your lawsuit. The best way to ensure you meet all deadlines and protect your right to recover compensation is by hiring a drunk driving accident lawyer soon after your collision.
Drunk Driving Accident Lawyers Collect a Results-Based Fee
Many people fail to hire a drunk driving car accident lawyer because they do not believe they will be able to afford their fees. While it is true that many lawyers charge high hourly rates regardless of the outcome of a case, this is not how drunk driving car accident lawyers operate.
When you hire one of these attorneys, you will agree to pay their fee as a fixed percentage of the money you recover from the liable party. This fee will be the only one your attorney will recover for their services.
That means you will never pay your attorney out of your own pocket, so you will never have to worry about the cost of their services. It also means that if your attorney fails to secure compensation on your behalf, they work for free.
Recoverable Damages From a Drunk Driving Car Accident
When you suffer a serious injury in a drunk driving car accident, you will be eligible to recover several different types of damages. These recoverable damages are sorted into three primary categories.
Economic damages are all losses resulting from a drunk driving car accident that directly impact your finances. Common economic damages include:
- Lost income
- Lowered earning capacity
- Medical bills
- Future medical costs
- Property damage
- Modifications to your home or vehicle necessary for accommodating a disability
Any other losses you suffer as a result of your drunk driving car accident are considered non-economic damages. Common non-economic damages include:
- Permanent disability
- Mental anguish
- Pain and suffering
- Loss of consortium
- Scarring and other disfigurements
- Decreased quality of life
While punitive damages are only awarded in a small percentage of personal injury cases, they are quite common in drunk driving accident cases. That is because the focus of punitive damages is upon the actions of the liable party rather than the losses suffered by the accident victim.
Punitive damages are only awarded in cases where the at-fault party was criminally negligent or acted with wanton disregard for public safety. Drunk drivers often face punitive damages in civil cases as well as facing criminal charges that can result in further fines and imprisonment.
Contact a Spring Valley Drunk Driving Car Accident Lawyer Today
At Pacific West Injury Law, we have a proven track record of helping accident victims recover significant compensation. Our team of drunk driving accident attorneys in Spring Valley will do everything possible to ensure you get the money you need after a crash. Give us a call or use our online contact form to schedule a free case review today.