When you are struck by a drunk driver, it can leave you facing a devastating situation. You may be severely injured, your car may be totaled, and you may have even lost loved ones in the accident. Worse, your claim is complicated because the at-fault driver was committing a crime.
A top-rated Las Vegas car accident lawyer at H&P Law will be prepared to handle cases like yours and help you overcome the devastating injuries and suffering you have experienced. We have the tools you need to help you seek the maximum compensation available for your claim. When you are hurt by a drunk driver, do not hesitate to reach out to a Henderson personal injury lawyer.
When DWI Charges Apply
In Nevada, driving under the influence, or DUI, is the crime of driving while impaired or while over the legal blood alcohol content BAC limit of 0.08%. This limit is much lower for those under 21. This crime can have significant penalties, especially if this is not the first time the driver has been charged.
In Nevada, the criminal offense is officially known as a DUI. However, you may also see people referring to it as a DWI. While these are separate charges in some states, like Texas, Nevada does not differentiate and officially refers to the crime as driving under the influence.
When the at-fault driver is accused of committing a DWI, this could mean that they will also face criminal charges. These criminal charges can lead to misdemeanor or even felony charges. Because they injured or killed another person in the accident, they may face much more severe penalties in the criminal justice system.
Criminal Proceedings Will Likely Impact Your Case
When you are injured in a DUI accident, you may be concerned about the criminal proceedings that can impact your case. You may already know that the other driver has been charged. So what can you expect?
When someone injures you during the committing of a crime, the criminal trial will almost always come first. Fortunately, you can still file your claim, and that claim will simply be delayed until the criminal trial has been completed. You can take this time to gather evidence and prepare your case, including any evidence used in the criminal proceedings.
Keep in mind that you may still have grounds for a claim even if the at-fault party is found not guilty. These are separate cases with different standards of evidence. While the criminal court must prove the other driver committed a crime, you only need to prove that they injured you through their negligence in your personal injury claim.
Damages You May Receive After a Henderson DWI Accident
A Henderson DWI accident can come with severe damages or losses you have suffered because of the accident. These damages can be economic, non-economic, or punitive and are meant to help you recover. Below are just a few of the damages you may have suffered because of the devastating injuries and losses caused by the accident.
Economic Losses
When you are involved in a DWI accident, the cost of your recovery can be severe. DWI accidents, especially high-speed ones, can leave you with serious injuries that can impact your quality of life. That does not include the costs of the property damage you have suffered, especially if your car is totaled.
You also have to contend with your future losses. For example, if you suffered a traumatic brain injury, you may have already received surgery for it, but you may need future surgeries to continue repairing the damage. Your Henderson DWI accident attorney will need to consider these issues and pursue the full compensation you are due for your accident.
Pain and Suffering
Not all of your damages are purely financial. You may have suffered severe emotional and mental damages that impact your quality of life. Below is just a sample of the non-economic damages you may have suffered:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Mental anguish
- Emotional distress
While these damages can be difficult to calculate alone, your attorney has all the tools you need for this process. Your DWI accident lawyer in Henderson, NV can determine how severe the suffering you have experienced is, and they can estimate the impact these types of suffering have had on your life. If you are unsure what these damages are worth, you only have to reach out to an attorney to get the answers you need.
Punitive Damages
When seeking compensation for a Henderson DWI accident, your first issue will be determining your compensatory damages, such as economic and non-economic damages. Punitive damages are non-compensatory damages, meaning they are not attached to a specific type of suffering you are being compensated for. Punitive damages are instead meant to punish the wrongdoer.
These damages are awarded in hopes that people who, for example, drive drunk will be deterred from committing these actions again. However, these damages are rarely awarded, making it difficult to receive them. If you believe you have grounds for punitive damages, reach out to an attorney for help calculating the full value of your compensation and requesting these damages from the judge.
Contact a DWI Accident Attorney in Henderson, NV for Help Today
When you are struck by a person committing a drunk driving crime, you may have been the one to suffer much of the injury and damages. That can leave you in a difficult position, struggling to get your life back on track. The good news is that you can seek out the services of a drunk driving accident attorney, who can help you pursue the compensation you need to recover from the devastating experiences that have happened.
At H&P Law, we are dedicated to helping our clients recover compensation for the suffering they have experienced. We offer free consultations, so you know what to expect when you sue before you ever sign anything. When you are ready to speak to a DWI accident lawyer in Henderson, reach out for a free consultation by calling or filling out our online contact form.
