You can find a drunk driving accident lawyer at a personal injury firm. The lawyer you choose to work with should be highly experienced at handling this specific type of case, as it ensures they have extensive experience navigating drunk driving laws and victim rights in these more complicated matters.
Choose a Las Vegas drunk driving accident lawyer from H&P Law who offers free consultations and no upfront costs to get started.
Experience in Drunk Driving Accidents Specifically
Look for an attorney with experience handling drunk driving accident cases specifically. It is very common for personal injury attorneys to handle car accident claims, but seeking out one with experience handling drunk-driving cases can prove to be essential to the results of your case for several key reasons:
- Complexities of the law. An experienced attorney is less likely to make critical mistakes about Nevada’s negligence laws.
- Challenges of diagnosis and treatment. Many drunk driving accidents involve serious injuries and catastrophic losses that demand comprehensive investigation and review.
- Seeking compensation from third parties. An attorney will explore all avenues for seeking compensation, which can prove critical in cases where the driver lacks insurance to meet the losses you sustained.
Look for a drunk driving accident lawyer with a proven record in these cases. Ask anyone you meet about their experience level and how they have handled cases like yours before. They should be able to tell you what compensation they recovered for other clients and what factors are the same or different from your case. Speak with a Las Vegas car accident lawyer at H&P Law today.
Operating Under a Contingency Basis
Choose an attorney that operates on a contingency fee basis. That means the firm will provide you with a free initial consultation and will not require any upfront payment for its services. Rather, they receive payment when they win your case or, in cases where they do not win, they receive no payment for their attorney fees. This can prove valuable in many drunk driving accident cases.
Victims of drunk driving accidents have the right to pursue fair compensation for any losses they have. However, sometimes the driver lacks insurance coverage or has only minimal coverage. In those cases, it can be difficult for the victim to receive compensation for all of their losses. In these cases, a contingency fee works better because there is no risk to you if you do not recover damages.
On a contingency fee basis, the attorney receives a percentage of the settlement value, which is agreed upon at the time of hiring the lawyer. This increases the value of your claim and ensures you are not settling for less than what is owed to you.
Offers a Comprehensive Investigation
Seek out a drunk driving accident attorney from H&P Law who will completely investigate your case from the start instead of just settling with what is on the police report. A comprehensive investigation could reveal valuable information about your accident and losses that go above and beyond what you already know, and that could impact your settlement value. This investigation should include:
- Clarifying all medical evidence that the driver was intoxicated, ensuring this charge sticks, and that you can pursue compensation based on it.
- Determining if a third party is responsible. Nevada does not have a dram shop law (NRS Chapter 41), meaning you cannot seek compensation against a business or employees if they serve alcohol to a drunk driver. Still, social hosts can be held accountable if they serve alcohol to a minor.
- Gather witness statements that verify not just that the driver’s blood alcohol concentration was illegal but that they were unable to safely operate the vehicle based on observations of witnesses.
Choose an attorney who acts quickly to gather all available and unknown evidence and protect that information. You also want to be sure that the attorney will bring in medical experts to clearly describe your injuries and losses and support your loss claims. This can be paramount to maximizing the compensation you receive in your case.
Ready to Seek Punitive Damages
The court may award punitive damages in an accident case only in limited circumstances, typically when the victim shows the driver acted with oppression, fraud, or malice. Under Nevada Revised Statutes § 42.005, punitive damages may be available in these cases and serve as a form of punishment for the at-fault driver. This is not compensation owed to you, but if awarded, you can use the funds as you need.
Drunk driving often falls under the scope of punitive damages, especially when there are aggravating factors, such as previous drunk driving convictions by the driver or extreme losses suffered by the victim. Drunk driving accidents are egregious actions that create significant harm and are fully avoidable. Demonstrating the losses you have matters.
Your drunk driving accident lawyer from H&P Law will need to demonstrate to the judge or jury in the case whether punitive damages are acceptable and expected in this specific matter. The judge will determine whether the evidence is strong enough for the law to consider awarding punitive damages. The judge makes a decision on liability and punitive awards if the case is a bench trial.
What Happens if My Case Goes to Trial?
If your case goes to a jury, the jury will determine if the actions of the at-fault party meet the criteria for punitive damages, including being extremely reckless. If so, the jury then determines the dollar amount awarded. Note that punitive damages are applicable in limited cases, but a qualified attorney helps to show why your case may qualify.
Look for a Trusted and Proven Attorney
You can find a drunk driving accident lawyer online or through referrals, but finding one isn’t enough.
You need to choose one after researching their skill and ability to help you navigate this particularly tough liability case. Call H&P Law today.