Filing a Charleston Drunk Driving Accident Claim

For help with filing a Charleston drunk driving accident claim, you may want to consider hiring an experienced attorney. A skilled lawyer could review the facts of your case and help you collect the damages you deserve. Call today and set up a consultation with a dedicated legal professional. Let a drunk driving accident attorney guide you through the claim process so that you can focus on your recovery.

Drunk Driving Accidents and Criminal Charges

Following a car crash with a drunk driver, the accident victim does not have to press charges against the at-fault party. Instead, the state will decide whether it is going to pursue criminal charges or not. Though not obligated, in many cases, the state may consult with the injured individual to discern its options when prosecuting alleged offenders. As a courtesy, the state often involves victims in the process. And for injured people, it is in their best interest to participate in the criminal case. Also, an injured person’s lawyer could assist in gathering evidence and ensure that the evidence input is appropriately at the hands of the prosecutor.

If an offender is proved guilty or pleads guilty in a criminal case, the issue of liability is almost immediately determined for any future civil case. Any future civil case may immediately begin focusing on damages and quantifying losses.

Comparative Negligence

Comparative negligence is a critical factor to consider when filing a Charleston car accident claim. Comparative negligence means that an individual could still pursue damages as long as they were not more than 50 percent at fault for the accident. In a drunk driving accident case, the defense attorney might try to claim that the victim of the wreck contributed to the crash. If a plaintiff is determined to be partially liable for the crash, they could have their damages reduced by the percentage of fault. For example, if a person is rewarded $10,000 in compensation but is found to be 20 percent at fault, then they will recover $8,000. Fortunately, a seasoned lawyer could advocate on the victim’s behalf to help them recover the damages they deserve.

Drunk Driving Car Crash Damages

The damages typically sought by the plaintiff in drunk driving accidents are the same in any other accident case, which is economic and non-economic. Victims hurt in these types of accidents may seek compensation for quantifiable and conceptual losses like property damage, medical bills, lost wages, and pain and suffering. When pursuing a case against a drunk driver, liability is often easy for the jury to determine since the negligent party made a decision to drink and drive. Because of this, there is an opportunity to collect higher compensation than in typical car crashes.

A Lawyer Could Help with Filing a Charleston Drunk Driving Accident Case

After suffering the injuries of an accident caused by a negligent drunk driver, filing a Charleston drunk driving accident claim is in your best interest. An experienced attorney could help you fight for rights to compensation and hold the negligent party accountable. Call today and set up a consultation to learn more.


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