The criminal case against the defendant who caused your accident will unfold as you pursue your recovery efforts. After filing your claim against their auto insurance and securing as much compensation as possible, you can seek compensation for all remaining damages with a personal injury suit. When a personal injury claim is filed in civil court while a defendant faces charges in criminal court, these two cases can interact in various ways. Your Las Vegas drunk driving accident attorney can advise you as to what you can expect in your unique situation.
Success with a personal injury claim requires proving the defendant directly caused the plaintiff’s claimed damages through some type of negligence or intentional misconduct. Because the defendant in your drunk driving accident claim is likely to be arrested following the accident, proving fault is rarely a cause for concern in these cases. However, the plaintiff must still prove the full extent of their damages and prove that the defendant directly caused those damages.
Your Las Vegas drunk driving accident attorney can help you recover compensation for the losses the defendant inflicted. These may include your medical bills, your vehicle repair costs, and your lost income if you are unable to work after the accident. It is important to remember that you can claim compensation for both immediate and future economic damages inflicted by the defendant. For example, if you are permanently disabled from your injuries, you can hold them accountable for the future income you are no longer able to earn and the cost of ongoing medical care you may require due to your injuries. Ultimately, you have the right to seek full repayment of any damages the defendant’s insurance can’t cover, along with compensation for your pain and suffering.
Because the defendant caused the accident through an illegal act, their criminal case may also yield additional compensation in the form of restitution. Additionally, the judge handling your personal injury case in civil court may award you punitive damages because the defendant’s actions fell outside the extent of typical negligence.
Do not make the mistake of assuming that because the defendant in your case broke the law, holding them accountable for your damages will be an easy or straightforward process. Whenever a personal injury case unfolds alongside a criminal case filed by the state, the plaintiff could face many challenges they are unprepared to address on their own.
When you choose Easton & Easton as your legal representatives, we can immediately get to work preparing for your recovery efforts. We have years of experience confronting major auto insurance carriers on behalf of our clients, and we know how to build compelling personal injury cases that aim for maximum compensation.
Settling your case may be difficult due to the criminal court proceedings against the defendant, and ultimately every plaintiff will face different challenges in the aftermath of their drunk driving accidents. Whatever your situation entails, you have the greatest chance of success with your recovery efforts when you have legal representation you can trust on your side. Easton & Easton will work closely with you to help you confront each new stage of your recovery efforts, from an initial insurance claim to discerning how a criminal case from the state could interact with your civil suit against the defendant. Our goal for every personal injury claim in Las Vegas is to help our clients recover as fully as possible in the most efficient manner possible.
Q: What Is the Penalty for DUI Conviction?
A: State law assigns penalties for DUI offenses based on the severity of the offense, whether the defendant has prior DUI convictions on their record, and whether they caused damages with their intoxicated driving. The sentencing judge has discretionary power to assign whatever penalties they deem appropriate, which may include fines and court costs, mandatory drug and alcohol treatment, driver’s license suspension, and jail time. Penalties increase significantly when the defendant has caused an accident and injured another person.
Q: How Much Time Is There for Me to File a Personal Injury Claim Against a Drunk Driver?
A: Recovery from any vehicle accident typically begins with a claim against the at-fault driver’s auto insurance policy, followed by a personal injury claim when insurance can’t fully compensate your losses. You have two years to file a personal injury suit in Nevada, and this statute of limitations begins on the date your injury occurs. Failure to file your suit within this time limit could mean losing your chance to recover compensation for your damages.
Q: How Much Can I Claim in Pain and Suffering Compensation?
A: The state’s personal injury law does not place a limit on pain and suffering compensation in most personal injury claims, so you can claim as much as you deem appropriate to reflect the severity of your experience. Your Las Vegas drunk driving accident attorney can help determine a suitable amount to reflect the physical pain and psychological trauma you suffered from the accident.
Q: What Happens if a DUI Accident Is Fatal in Las Vegas?
A: If you lost a loved one in a fatal drunk driving accident in Las Vegas, the at-fault driver not only faces more serious criminal penalties for felony DUI, but you would also have grounds to file a wrongful death suit against them. A wrongful death claim replaces a personal injury claim when a victim does not survive their injuries and aims to compensate the victim’s family for their loss.
Q: What Are Attorneys’ Fees for a Las Vegas Drunk Driving Accident Attorney?
A: It’s understandable to have concerns about the potential cost of your legal fees when you must pursue a civil claim against a drunk driver in Las Vegas. Easton & Easton can provide legal representation on contingency, meaning you will only pay our firm a fee after we win the case. Your contingency fee will be a percentage of the total compensation we secure for you, so there is no risk of your legal expenses amounting to more than you will gain in compensation for your damages.
The attorneys at Easton & Easton have successfully represented many vehicle accident victims in Las Vegas and surrounding communities, including those injured in drunk driving accidents. If you are recovering from injuries you suffered in an accident caused by DUI, we can help ensure accountability for your damages. Contact us today to set up your consultation with a Las Vegas drunk driving accident attorney you can trust with your recovery efforts.