Lawyers Who Handle Drunk Driving Accidents
If you were hit by a drunk driver, call our car accident attorneys
Drunk drivers are responsible for many deaths and severe injuries throughout the state of West Virginia. These criminally negligent drivers can destroy lives, as well as leave families in shock and suffering unimaginable loss when a loved one is severely injured or killed in a drunk driving accident.
Drunk drivers must be held accountable for their actions. At Mani Ellis & Layne, PLLC, our drunk driving accident attorneys are well versed on personal injury law, and are committed to helping victims and their families pursue the maximum compensation for damages.
Drunk driving accident victims may be eligible to file a civil lawsuit seeking compensation for medical expenses, loss of past and future income, the costs of rehabilitation, as well as pain and suffering (loss of quality of life) they have been forced to endure. Civil lawsuits are separate legal actions from any criminal charges a drunk driver will be facing.
In cases where an individual is killed in a fatal drunk driving car accident in West Virginia or Central Ohio, family members may have the right to pursue compensation by filing a wrongful death civil lawsuit. These damages include, but are not limited to, mental anguish, sorrow or emotional distress, solace, pain and suffering, medical and hospital expenses, loss of the decedent's income, and loss of the decedent's protection, comfort, care, assistance or services.
Is the drunk driver automatically at fault for an accident?
While you might think drunk driving accidents are straightforward, the truth is not always so simple. Drunk driving is certainly a form of negligence that can lead to fault for an accident, but your attorney still has to prove that the drunk driver actually caused the accident. The circumstances matter: if you were rear-ended by a drunk driver, proving fault is almost always straightforward, but if you were hit in an intersection or a head-on collision, establishing liability may get more complicated.
Moreover, if you are partially at fault, your compensation may be reduced. West Virginia and Ohio are comparative negligence states, meaning the amount of compensation a victim is eligible to receive may be reduced if it is determined he or she was partially at fault for causing the accident. As long as the victim is less than 50 percent responsible for the accident, damages can be sought, but the value of the damages will be reduced based on the percentage of fault.
Depending on the circumstances, a party other than the drunk driver may also be liable for your injuries. In particular, you may be able to file a lawsuit against a bar, restaurant, or other business that over-served alcohol to the drunk driver. These types of claims are called “dram shop” cases.
If you were injured in a hit and run by a drunk driver who was never found, you may be able to file an uninsured motorist claim with your own insurance company.
Ultimately, only an experienced drunk driving accident lawyer can tell you who is liable for your injuries. An attorney can also tell you what your settlement or verdict may be worth.
What is the average settlement for a drunk driving crash?
There is no single average settlement for a crash caused by a drunk driver. It depends on the extent of your injuries, the effects those injuries have had on your life, the available insurance coverage, and how difficult the insurance company decides to be. It also depends on the skill and experience of your attorney.
Our lawyers are skilled at negotiating settlements and pursuing maximum compensation for victims of drunk driving accidents. We fight hard to take back what is yours, and we are prepared to go to trial if a fair settlement cannot be reached.
If you were hit by a drunk driver, contact us today
These are emotional cases for the family, and our legal team understands the difficulties these legal issues often present. We take the problem off your plate, so you can focus on caring for your health, or for your loved one, while we do the hard work to get your claim or lawsuit resolved. Our team cares about providing the best legal help for drunk driving accident victims, and we know how to use state drunk driving laws to your advantage.
If you or a loved family member has been injured in an accident caused by a drunk driver, we urge you to contact an accident attorney at our firm immediately. We will carefully manage every detail of your claim and help you to fight for the justice you deserve.