You have the legal right to pursue financial compensation for the injuries you sustained in an automobile accident that was caused by a drunk driver. According to the National Highway Traffic Safety Administration, about 32 people die every day in drunk-driving crashes, i.e., 1 person every 45 minutes. If the accident was not your fault, you are entitled to compensation. One option here is to hire a drunk driving accident lawyer and pursue legal action by filing a lawsuit against the drunk driver who caused the accident. The processes that need to be taken in order to make a civil claim for damages against a drunk driver are going to be outlined in this article.
Seek medical attention
After being in a car accident, the first thing you should do is make sure you get checked out by a doctor or other medical professional. It is imperative that you get medical attention, even if you do not believe that you have sustained any injuries. It’s possible that some injuries, like whiplash, won’t manifest themselves until several days after the event. Seeking medical attention also results in the creation of a record of your injuries, which can be used as evidence in your civil claim if you decide to pursue one.
Gather evidence
After the collision, it is imperative that you collect as much evidence as you possibly can. Take pictures of the accident scene, including any damage that may have occurred to the automobiles that were involved. Find out the names and addresses of anyone who saw what happened and get in touch with them. Obtain a copy of the police report if the authorities were called to the site. Your case against the intoxicated driver can be strengthened by using the facts in this report.
Contact a personal injury lawyer
It’s vital to get in touch with a personal injury attorney who has experience with cases involving drunk drivers so that you can file a civil claim, which can be a complicated process. Working with a legal professional can assist you in navigating the legal procedure and ensuring that you are awarded the appropriate compensation.
File a claim with the drunk driver’s insurance company
You can submit a claim with the insurance company of the intoxicated driver if they have insurance; if they do not, however, you cannot file a claim with their insurance company. You need to present the insurance company with all the proof you have acquired, including the medical documents and the police report. After conducting an investigation into the claim, the insurance company will issue a settlement offer.
Negotiate a settlement
If the insurance company offers a settlement, your attorney can assist you in negotiating an amount that is fair on your behalf. Do not give in to the temptation to choose the first offer given to you by the insurance company because their primary objective is to minimize the amount of money they pay out in claims. Your attorney will be able to assist you in calculating what reasonable compensation would be in light of the harm that you have endured.
Attend mediation or go to trial
You have the option of filing a lawsuit against the drunk driver if you are unable to negotiate a settlement agreement with the insurance company over the accident. Your attorney will file a lawsuit with the court that describes the damages you are seeking and the reasons why you feel the drunk driver is responsible for those damages. After that, the case will proceed through legal procedure, which might take anywhere from a few months to many years.
Before a trial, the court may force both parties to attend mediation in an effort to negotiate a settlement by attempting to resolve their dispute through alternative dispute resolution. In the event that a compromise cannot be struck, the matter will be heard in court. During the course of the trial, each side will argue its position in front of the judge or jury, who will then decide the verdict.
Bringing a civil claim for damages against a drunk driver can be a complicated process, but it is critical that the motorist be held accountable for the consequences of their conduct. You can pursue the financial compensation to which you are legally entitled by getting medical attention, collecting evidence, speaking with a personal injury attorney, making a claim with the insurance company, attempting to negotiate a settlement, filing a lawsuit, and attending mediation, or going to trial. Always keep in mind the importance of working with an experienced personal injury lawyer who can help you navigate the process and ensure that you receive an equitable settlement.
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