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If you were involved in a car accident with a drunk driver, you may have suffered significant injuries. The drunk driver may have civil liability to you, meaning he or she is financially responsible for the losses you suffered due to the accident. This civil liability is in addition to any criminal charges the driver may face.
Ensuring that you receive maximum compensation requires legal knowledge and skill. Contact one of our motor vehicle collision lawyers if you were involved in a drunk driving accident in Beckley.
West Virginia uses a fault-based system for managing car accident insurance claims. The insurance company for the driver who caused the accident must pay the losses of anyone injured in the crash. When one of the drivers involved in the crash was drunk, fault for the crash will usually lie with that person. Unfortunately, sometimes drunk drivers have minimal insurance coverage or no coverage at all. When someone is seriously injured in a crash, his or her losses may far exceed the drunk driver’s ability to pay.
A Beckley drunk driving injury attorney would investigate other sources of coverage that might be available. For example, West Virginia Statute § 60-3A-25 makes a business with a liquor license liable if it served a visibly intoxicated person who later went on to cause injuries to others. Depending on the circumstances, a vehicle manufacturer, other drivers, and even a local government could have liability in a specific case.
When a car accident victim brings a claim for losses he or she suffered in the crash, they must prove that the drunk driver’s conduct directly caused their losses. They also must have documentation of the specific losses they claim.
An injured person can claim reimbursement of their medical expenses, including incidental costs like transportation to appointments, medical equipment, and hiring people to help with household tasks. They also can claim lost income, and if their injuries will prevent them from returning to work, he or she could claim their diminished future earning capacity. An injured person could prove these losses with medical records, insurance explanation of benefits forms, bills, receipts, tax returns, and employment records.
An injured person can also claim financial compensation for subjective losses, like emotional distress, physical pain, disability, and scarring. A Beckley attorney could attempt to prove those losses through photographs, medical records, statements from the injured person and his or her family members, and even video.
The law requires an adult injured in an accident to file a lawsuit within two years. When a child is injured, they may have two years from their 18th birthday to file a lawsuit. However, it is usually advantageous for a parent or guardian to sue on behalf of the child within two years of the accident.
A victim of a drunk driving accident is wise to secure legal representation long before the two-year deadline approaches. A legal professional could build a stronger case when they have access to witnesses and evidence soon after the incident occurred.
In addition, a Beckley attorney can handle all communications with the insurance companies representing the drunk driver and other potentially liable parties. This protects the injured person from making accidental statements that an insurance company might twist to limit its liability.
When you were hurt in a drunk driving accident that was not your fault, you must hold the irresponsible driver accountable. In some cases, others also had a part in the crash, and you can hold them financially responsible as well.
Our firm of skilled Personal Injury attorneys represents people injured in drunk driving accidents in Beckley so you can focus on healing and not on legal matters. Reach out to schedule a free consultation to discuss your legal options today.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law