Everybody knows, or should know, that driving under the influence of alcohol is a crime. Unfortunately, this does not stop some people from making the choice to drink and drive, putting themselves and others at risk. Drunk driving car accidents in Wesley Chapel are extremely dangerous and can result in severe injuries to everyone involved.
If you have been hurt by a drunk driver, the state can pursue criminal charges, but this offers little help for your situation. Instead, you can contact a car accident attorney at LMD Injury Lawyers for representation in your civil case. You may be able to recover financial compensation for your injuries.
Driving under the influence of alcohol is a crime, which is a separate action from a victim’s civil case against the alleged drunk driver. In a criminal case, the state prosecutor files the charges against the driver, which can result in fines, jail time, and other administrative penalties, such as a license suspension.
A civil case is different because it is filed by an injured victim seeking financial damages against the driver, instead of jail time or other punishments. The standard of proof is also different, as the victim only needs to prove the elements of their case by a preponderance of evidence. This simply means that the victim’s injuries were more likely than not to be the result of the drunk driver’s actions. This is a substantially less strict standard than a criminal case, which requires the prosecutor to prove their case beyond a reasonable doubt.
The punishments from a criminal conviction do not help injured victims become whole after the accident. This is why they may file a civil claim for economic and non-economic damages, including hospital bills, medical treatment, lost wages if they are unable to work, property damage, emotional distress, and pain and suffering. If the drunk driver’s actions were particularly egregious, the court may award punitive damages, which are intended to punish the offender and deter future acts.
Due to the separation between criminal and civil cases, it is imperative for victims who have been hit by a drunk driver to seek legal representation from a Wesley Chapel lawyer. An attorney could work to ensure that injured victims receive the compensation they deserve.
Being in a car crash is a distressing experience, and it is understandably difficult to process the events, especially in the immediate aftermath. However, there are things you can do after the accident to protect your legal rights to seek compensation. First, you should contact law enforcement and other appropriate authorities. This will put the accident on record and bring medical personnel onto the scene to handle any immediate medical needs.
If possible, you should gather as much information from their surroundings as you can. Information, such as the date and time, location of the accident, and weather conditions, can be helpful to the case. Getting the names of witnesses can also help in the future.
Most importantly, victims should preserve all records associated with the crash and keep them in a safe and secure place. This includes the accident’s police report, all medical bills associated with treatment for any injuries, and insurance documents. These paper records could help a civil case by providing the proof needed to meet the court’s standards.
The next step is to contact a personal injury attorney because filing a claim can be a complex process. A Wesley Chapel lawyer with years of experience handling collisions with intoxicated drivers could help the victim navigate the process.
Drunk driving car accidents in Wesley Chapel can have a devastating impact on innocent victims’ lives. If a drunk driver has hurt you, you may be able to file a civil claim against them for financial compensation.
With a dedicated attorney by your side, you could increase your chances of receiving the maximum amount you are entitled to. Call LMD Injury Lawyers today to discuss your case with our team.
727-849-5353