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Suing a Drunk Driver for a Car Accident

If you’ve been hit by a drunk driver in a car accident, it’s understandable to be shaken by the experience. The first thing you should do after your wreck is call the police and seek medical help for any injuries you’ve suffered. Once you begin the recovery process, you may start wondering what the best course of action is for filing a lawsuit and obtaining compensation. 

It’s possible that the drunk driver is already being charged in the criminal system, which can be helpful in your case, but it can also prolong the process. At The Kindley Firm, APC, our attorneys have handled numerous accidents involving drunk drivers and we can support you through the complex legal process. We will negotiate on your behalf and work to maximize your claim. 

Proving the Drunk Driver was Negligent

If a criminal trial is already taking place, any evidence used in the criminal case against the drunk driver can be used to prove negligence in your civil case, as well. If criminal charges aren’t being pursued against the driver, you can still prove negligence by conducting an investigation of your own. 

With the help of a personal injury attorney, you can gather evidence from your case, such as police reports, medical records, witness testimonies, video footage, and photographs. This evidence can work in your favor and show that the driver was drunk when causing the accident and the accident resulted in your injuries. 

Economic and Non-Economic Damages

Once a defendant is successfully named in your case, your attorney will examine all of the damages you’ve suffered and calculate your overall claim value. Both economic and non-economic damages will be considered in your claim. 

Economic damages are financial losses you’ve experienced from the accident and may include medical expenses, lost income from missing work, and any property damage you’ve experienced. Non-economic damages are ways in which the accident has affected your lifestyle. These can include pain and suffering, loss of enjoyment of life, scarring and disfigurement, and emotional distress. 

Punitive Damages

When a drunk driver causes an accident, they act intentionally in their negligence. It’s possible that punitive damages will be awarded by the judge because of this intentional negligence. Punitive damages can also be awarded as a way to teach a lesson to other drivers on the road.  

Contact a San Diego Personal Injury Attorney

When you are injured in an accident caused by a drunk driver, it’s important to hold the driver liable for their actions. Hopefully, holding them liable will teach them a lesson for the future. Although the compensation can’t undo your injuries, being free from financial stress may be able to speed up your recovery in some way.

At The Kindley Firm, APC, we always strive to seek justice whenever possible. If you’d like to speak with a San Diego car accident lawyer about your case, call 619-550-1313 to schedule a no-obligation consultation or visit our website for more information. 


About the Author:

The Kindley Firm, APC


The Kindley Firm, APC, will be fully dedicated to your case, fight for your rights, and keep you informed every step of the way. We are dedicated to our clients, their families, and our communities.Personal InjuryElder AbuseCar AccidentsMotorcycle AccidentsTruck Accidents... View full business profile here: The Kindley Firm, APC





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