Every 30 minutes someone dies, and every two minutes someone is injured in the U.S. in an alcohol-related accident. The personal injuries resulting from an individual driving while intoxicate (DWI) or under the influence (DUI) are often severe and financially devastating. For the victims, criminal prosecution of the liable party is not always sufficient, especially if struggling with property damage, mounting medical bills, a loss of wages and future earning potential, and pain and suffering.
Fortunately, those injured in an alcohol-related accident have the option of filing a civil lawsuit against the responsible party to recover monetary compensation for their losses. Legal representatives and family members of those killed as the result of an intoxicated driver also have legal standing to sue the party or parties responsible, as do any injured passengers in either vehicle.
To win a DUI/DWI lawsuit, the plaintiff will need to show that the driver was negligent and failed to use reasonable care when operating their vehicle. That negligence in turn caused physical, mental or emotional injuries resulting in damages. In cases where a plaintiff can show that the defendants actions went beyond ordinary negligence, and were in fact reckless, they may be able to recover for punitive damages as well.
When seeking compensation in a lawsuit, the plaintiff should first pursue the drunk driver who caused the accident and their insurance carrier (if they have one). However, depending on the circumstances of the case, they may also be able to obtain compensation from any responsible third parties. For instance, many states have negligence-related statutes, which would allow a plaintiff to sue the restaurant or bar that sold alcohol to the defendant.
The time to file a lawsuit resulting from a DUI/DWI accident is limited by each states statute of limitation. Generally, the time frame can vary from as little as one-year from the date of the accident to up to two years. It is best to consult an attorney who can assist in evaluating your case and advise you of your legal rights as soon as possible.
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