You may feel overwhelmed as you deal with the aftermath of a car accident that has been caused by an intoxicated motorist. At this point, meet with a Virginia Beach area drunk driving victim accident lawyer. This is an opportunity to examine your legal options and, if warranted, start the process of filing a claim or lawsuit.
The Pendleton Law Team has provided legal services and support to thousands of clients. We encourage you to discuss your drunk driving collision case with a Virginia Beach area car accident lawyer from our team. From here, our attorney can help you pursue compensation for your accident losses. To get started, request a free case consultation.
Reasons to File a Virginia Beach Area Drunk Driving Victim Accident Claim
You may want to show grace to a motorist who has made a serious mistake by getting behind the wheel while intoxicated. However, if you decide not to file a claim for your losses from a car accident involving this motorist, you may have to cover these on your own. In addition, the liable driver could choose to make the same mistake again.
Get legal help if you’re in doubt about how to respond after a drunk driving crash. Talk with a Virginia Beach area drunk driving victim accident attorney. When you do, you can get insights into what can happen if you file a claim. Your lawyer can help you at each stage of the claims process and position you to get fair compensation for your accident losses.
As you look for a Virginia Beach area personal injury lawyer with drunk driving accident case experience, consider The Pendleton Law Team. We are ready to help you with your intoxicated driving accident claim. For more information, schedule a free case consultation.
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Problems That Could Come Up After You File a Car Accident Claim Against an Intoxicated Driver
Your drunk driving victim accident lawyer serving the Virginia Beach community can provide insights into what to expect from a personal injury claim in Virginia. They want you to have realistic expectations for the claims process. Unfortunately, even if your auto accident was caused by a drunk driver, it may be tough to get a liable party’s insurer to cover your losses.
The other driver’s insurer could dispute your claim or say that you were partially at fault for the accident. Alternatively, the company could offer you a settlement worth less than what you’ve incurred in losses. In these scenarios and others, your attorney will work hard to get you compensation. Yet, if no settlement is possible, they may advise you to sue.
According to Code of Virginia § 8.01-243, you generally have up to two years from the date you are injured in an auto collision with an intoxicated driver to sue for damages. Beyond this period, you will be ineligible to file a lawsuit at a later date and will be responsible for your accident losses. Your attorney can detail the statute of limitations specific to your case.
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How Much Compensation You Could Get in a Drunk Driving Crash Lawsuit
Car accident attorneys can give you information about the types of compensation available in drunk driving personal injury cases in Virginia. Your lawyer will analyze your quantifiable and subjective accident losses. Based on these, your attorney can help you seek economic and non-economic damages, such as:
- Pain and suffering
- Car repair or replacement costs
- Loss of income
- Diminished earning capacity
- Medical expenses
Sadly, there are times when drunk driving accidents are fatal. If you have lost a family member in a fatal drunk driving collision and are eligible to sue, you could recover damages for your loved one’s burial and funeral expenses and other losses through a wrongful death claim or lawsuit.
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Who Is Responsible for a Drunk Driving Crash
A motorist who chose to drive a car while intoxicated may be held responsible for an accident. Depending on the situation, this motorist could face criminal penalties for their actions. Outside of these penalties, anyone harmed by their actions may be able to request compensation from the motorist or their auto insurance company.
Personal injury attorneys want you to care for yourself, particularly if you were involved in a car accident that wasn’t your fault. Your lawyer will examine police reports, interview witnesses, and take other measures to investigate your car crash with an intoxicated motorist. This will help your lawyer understand how your accident occurred.
If your lawyer has a strong case, an at-fault motorist or their insurance company may be inclined to settle. Your attorney can keep you updated about any settlement offers. At the same time, they will treat your case as if it will go in front of a judge or jury.
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How to Prove Negligence in a Drunk Driving Collision Case
Just because you say that someone caused your accident with an intoxicated driver doesn’t mean that a judge or jury will award compensatory damages. Your auto accident attorney will put together an argument around negligence. In their argument, your lawyer wants to show that a duty of care was violated.
Your lawyer may use witness statements, accident reports, a driver’s blood alcohol concentration (BAC) and field sobriety test (FST) results, and other evidence in their argument. Doing so may help your attorney illustrate to a judge or jury that a party was careless or reckless and should be held responsible for your damages.
Virginia follows a contributory negligence rule established by common law. With this rule, if you get into an accident with an intoxicated driver and are found to be partially liable, you may not be able to recover damages.
Let the Heavy Hitters® Take Care of Your Legal Matters
Work with a drunk driving victim accident attorney serving the Virginia Beach community from The Pendleton Law Team.
As you prioritize your recovery from your auto accident, we can build your case for compensation. Trust us to assist you with your car accident claim or lawsuit. Contact us today.
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