With the holiday season upon us, we will unfortunately notice a rise in drunk driving accidents. The National Highway Traffic Safety Administration has previously reported that on average, there are 36 fatalities every day in the United States that are attributed to drunk driving. During the Christmas holidays, there are 45 per day, and during the New Year holiday, there are 54 per day. Snowy, icy weather in many parts of the country, coupled with champagne toasts, eggnog, and other holiday beverages contribute to the high number of drunk driving accidents that are reported this time of year. In addition, longer periods of darkness in the winter create lower visibility, which also leads to many accidents. Miami personal injury attorneys help victims of drunk driving accidents recover monetary damages for the harm they have suffered.
What happens if you are hit by a drunk driver, or worse, if a loved one is killed by a drunk driver?In addition to criminal charges, civil claims may also be filed against the at fault driver. Injured parties may seek numerous types of damages from a drunk driver. With the assistance of a Miami drunk driving injury attorney, these victims may be able to recover for their medical bills, lost wages, pain and suffering, and other types of damages. For example, if you had to build a wheelchair ramp on your home while you recovered, you may be able to recover for the cost of this addition as well. Essentially, you may claim any and all damages that stem from a drunk driving accident in a civil suit.
First, your injury attorney will attempt to negotiate a settlement with the drunk driver’s insurance company. However, in most cases, the insurance company will not settle for a reasonable amount. Your injury attorney’s job is to protect your legal interests, so your attorney will advise you to reject any settlement offers that do not adequately compensate you. If the insurance company refuses to offer or accept a reasonable settlement proposal, a lawsuit may need to be filed.
After filing the lawsuit, the parties will enter the discovery phase. During the discovery phase, the parties will exchange evidence that supports the claims or defenses in the case. For example, victims may want eyewitness statements and blood test results that show the driver was impaired. The at fault driver may request the victim’s medical records to try to show that the victim’s injuries were not necessarily linked to the accident. This process may go on for several months. Eventually, the parties will agree to settle their claims; if not, they must go to trial.
Contact our injury attorneys today to evaluate your claim
At Gerson & Schwartz, P.A., our injury attorneys take drunk driving cases seriously. We provide aggressive, compassionate representation to our injured clients. To schedule a free consultation to discuss your potential claim and your legal options, call 877-475-2905 or visit injuryattorneyfla.com today.