When you have suffered an injury in a drunk driving accident, you may not think that you are eligible for financial compensation. Your impression may be that the criminal justice process is the only way that you can get accountability and justice. However, the truth is that you can get a settlement check in addition to seeing the driver punished for what they did. Before receiving money for your injuries, you must file a claim or lawsuit against the responsible driver.
It always helps to have a McLean car accident lawyer in your corner fighting for you. The only way that insurance companies will take you seriously is if they know that they may face consequences. When they see that you have hired a drunk driving accident attorney, they know that you can file a lawsuit, which can lead to an even higher loss for them. Then, you will end up with more money in your pocket.
The Civil Lawsuit Process Is Independent of the Criminal Justice Process
Your ability to recover financial compensation is not dependent on whether the court has convicted the driver of driving under the influence—your case for compensation proceeds largely independent of the criminal process. The prosecutor is not working with or helping your attorney because their main goal is convicting the drunk driver, not getting you financial compensation.
In a criminal case, the standard of proof that the prosecutor must meet is proving the defendant’s guilt beyond a reasonable doubt. This standard is the equivalent of establishing the facts of the case with nearly 100 percent certainty, where no reasonable juror can form a different opinion than the defendant is guilty.
In a civil case, all you need to do is prove the facts of your claim by a preponderance of the evidence. Numerically, this standard equates to 51 percent certainty that the facts you allege are true, and you have the right to financial compensation. The court can acquit the defendant in a criminal case, but this individual will still owe you money in a civil lawsuit. Never assume anything about the civil legal process based on what is happening in the criminal legal process.
Even if the court convicts the driver of a crime, it does not automatically mean you will win your civil lawsuit. Evidence of a conviction does not help your civil case if the driver’s case went to a jury, and the only way that proof of a conviction is admissible is if the driver has pled guilty. Otherwise, you will need to prove that the driver was negligent in the events surrounding the crash.
You may have the right to substantial financial compensation when you can prove that the driver was at fault for the accident. Then, they will have an obligation to compensate you fully for all the harm you have suffered.
You Need a Drunk Driving Accident Lawyer for a Civil Case
Even if you think that liability is cut-and-dry in your case, you still need the help of a car accident lawyer when you are seeking compensation. In many cases, your issues result from fighting to get the money you deserve instead of proving that the driver was to blame for the crash. Your attorney will handle all communications and negotiations with the insurance companies, ensuring you receive fair compensation for your injuries and damages.
Your lawyer can also get the evidence you need for your case. Law enforcement may not be willing to share the driver’s Breathalyzer or blood test results with your drunk driving accident lawyer. It can complicate their own case, and they may have no inclination to work with you. A drunk driving accident lawyer can subpoena the test results from either law enforcement or a hospital that drew the blood. Getting your hands on this evidence can make your case even stronger.
Your Drunk Driving Accident Attorney Fights for Your Compensation
A drunk driving accident attorney can help you by computing the value of your claim before you file it. Insurance companies know how much your case is worth and do not want to pay you that amount.
Your drunk driving accident damages can include the following:
- Medical bills
- Property damage
- Lost income
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Scarring and disfigurement
- Wrongful death damages (if a drunk driver killed a family member in the accident)
You Can Potentially Receive Punitive Damages in a Drunk Driving Civil Lawsuit
You can make a persuasive argument for punitive damages in drunk driving accident cases.
That prospect alone may make insurance companies more willing to offer you a fair settlement, but they need to see that you can take your case all the way to trial.
You Will Still Need to Negotiate Compensation with the Insurance Company
Insurance companies may make you a settlement offer far below your case’s total value, and you may never even know how low this offer is if you do not have a drunk driving accident lawyer. Your attorney will review any offers that you receive, and they will advise you whether to accept or reject them. You will likely have to reject multiple offers before you receive one that is even remotely in the ballpark.
Without a drunk driving accident attorney, you may be more vulnerable to taking the first offer that the insurance company makes, not even knowing that it does not come close to fully compensating you. A drunk driving accident lawyer brings their negotiation skill and their ability to initiate litigation on your behalf into your case to get you the largest settlement possible.
After a drunk driving car accident, it is critical to have a lawyer by your side. They have the necessary experience and dedication to lead you through the legal process and fight for your rights. Do not face the aftermath of a drunk driving accident alone. Contact a trusted McLean personal injury attorney to guide you during this difficult time.