4704 E. Southern Avenue | Mesa, Arizona 85206
I Was Hit By A Drunk Driver. Can I Sue The Driver?
Yes, you can absolutely sue if you were hit by a drunk driver. Not only can you sue them but they will be facing major penalties like fines, jail time and possibly civil charges as well. You can file a claim if you or someone you loved was injured or killed in a drunk driving car crash.
Filing a drunk driving lawsuit for damages is starting to become more common. Victims hit by a drunk driver are seeking compensation or a settlement from damages due to the accident, such as: loss of job, pain and suffering, etc. An experienced and knowledgeable drunk driving lawyers can help you with determining the best plan of action to make sure you or your loved ones receive the compensation you deserve.
However, if you got hit in a no fault state, it will be a lot harder to sue the driver. But Arizona is not a no fault state so if you’re suing a drunk driver who hit you in Mesa or Phoenix, Arizona, there’s a great chance you can receive a settlement.
You have a great chance at winning a drunk driving lawsuit because insurance companies know if the case goes to court, the victim usually wins. Especially when a jury is involved, they will usually side with the plaintiff and grant monetary rewards for injuries, hospital bills and more.
In an at-fault state link Arizona, Yes you can sue the drunk driver. However, you will have to file a civil case against them. The State of Arizona may also file a criminal case against the drunk driver, but in this type of case no compensation will be awarded.
Insurance companies like to settle for the least amount of money possible. Following a drunk driving accident, the driver’s insurance agents will most likely get in touch with you to offer you a settlement.
Most lawyers would advise not to settle because that could prevent you from being covered for medical expenses in the future. Injuries don’t always appear right after the initial accident. It is a great idea to take the drunk driving case as slowly as possible to see the full extent of your injuries.
If the drunk driver’s insurance company is being extra pushy it is in your best interest to seek legal advice.
In Arizona, some drunk driving settlements compensate the victim with more than $1,000,000 (when going to trial), while other cases can settle for as little as $10,000. There is no “average” drunk driver settlement for accident injuries due to a drunk driver. The compensation you can claim for your case depends on several factors. These factors include the permanence and severity of your personal injuries, the loss you have suffered, the degree of fault and if the case goes to trial or not. Furthermore, the drunk drivers insurance and income will play a role in the amount of the settlement as well.
If a drunk driver totaled your car while under the influence of alcohol, you are within your legal rights to file a lawsuit/insurance claim against the drunk driver who hit you. However, make sure you file your insurance claim correctly and don’t just settle for the first offer they give you. Filing an insurance claim after being hit by a drunk druver can be tricky as most insurance companies want to settle for less than the damage to your vehicle or medical expenses cost. Filing lawsuits against and insurance claims drunk drivers can be challenging. This is where an experienced Drunk Driving Attorney like The Bradshaw Firm can help! We can help make sure you file your claim correctly and determine if filing a lawsuit for damages would be worth it.
Disclaimer: This blog post is intended as information purposes only, and is not actual legal advice. Anyone with a legal issue should consult an attorney immediately.
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4704 E. Southern Avenue
Mesa, Arizona 85206
The Bradshaw Firm, PLC is located in Mesa, AZ and serves clients in and around Higley, Gilbert, Queen Creek, Mesa and Chandler.
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