It is becoming more and more difficult for you to make ends meet after the drunk driving accident. Between your ongoing medical expenses, having to take time off work, and the extreme emotional toll of the wreck, it has been impossible for you to get back to your life. With help from a compassionate and highly motivated drunk driving accident lawyer in Mesquite with H&P Law, you can demand justice.
For over six decades, our firm has dedicated our careers to protecting injury victims and accident survivors across Nevada. Having successfully recovered multimillion-dollar settlements and trial verdicts for our clients, you can feel empowered with our leading Mesquite car accident lawyers working for you. Contact our team to request a free consultation today and learn more about ways to hold the drunk driver accountable and what to expect from your insurance and civil claims.
Exploring Liability for Drunk Driving Accidents Across Mesquite
One of the first things your Mesquite personal injury lawyer will need to do is open an investigation into the cause of your collision. We may not know what caused the accident until the other driver’s toxicology results are available. In the meantime, we will need to hire accident reconstructionists, preserve evidence from the accident scene, and begin building your case against whoever will be found liable.
In drunk driving accident cases, the driver who hit you will almost always be found liable for the injuries you suffered. All motorists are assumed to understand the risks of drunk driving and have an obligation to the safety and well-being of others on the roadways. When a driver is under the influence of drugs or alcohol and operates a vehicle anyway, this demonstrates a blatant disregard for the safety or well-being of themselves and others on the roads.
Depending on the circumstances of your case, other parties could share liability for your damages as well. For example, if the road conditions where the accident occurred were especially dangerous and government officials failed to make necessary repairs, both the Nevada Department of Transportation and the driver who hit you could share liability for your losses. We will determine who should be sued for your damages after completing our investigation.
How We Investigate and Build Your Case
After a drunk driving accident, it is your right to pursue financial compensation against any party at fault. No matter who is at fault, we conduct a comprehensive investigation to document all of the losses you have suffered. Our investigation will include:
- Gathering all data to demonstrate fault. This may include blood alcohol concentration testing, police reports, and witness statements.
- In situations where an employer is at fault, such as when a drunk truck driver struck you, we will pursue liability against that party as well.
- In cases of underage drinking, if we learn that a bar, restaurant, or other location serves alcohol to a minor before they cause the accident, they could be held liable for your losses as well.
The criminal case in a drunk driving matter like this only works to prove that the party was at fault. It becomes our legal team’s objective to gather extensive evidence to support your losses and seek compensation from all possible resources.
We investigate fully, assign fault beyond what the police report says, when possible, and fight for you to receive fair compensation to the fullest level allowed under the law.
You Should Be Fully Compensated for Your Damages
Working with a dedicated Mesquite drunk driving accident attorney from H&P Law allows you to maximize your financial compensation. You should be fully reimbursed for every single way your life has been and is expected to continue to be affected by the injuries you suffered.
This should include a range of compensatory damages and the possibility of punitive damages. After a comprehensive investigation to determine fault and analyze all parties involved, your Mesquite drunk driving accident attorney will build a claim that incorporates all financial losses you have.
You must track all losses, including those that may not be obvious. Your lawyer will spend a significant amount of time considering your physical, emotional, and financial damages now and into the future to build a robust claim. Take a closer look at some of the most common damages in a drunk driving accident case, and learn about them in our FAQs.
Economic Damages
Economic damages are the financial losses you have experienced. These are a little bit easier to evaluate, as we can review your bank records, financial statements, repair quotes, and other documents to establish the value of your economic damages. Some examples of economic damages that could be paid out in a drunk driving accident claim include:
- Vehicle repair expenses
- Medical bills
- Future healthcare costs
- Insurance premium increases
- The diminished value of your vehicle
- Other personal property damages
- Rental car costs
- Increased insurance premiums
- Loss of household services
From the start of your injury onward, keep a journal that documents all of the costs you have as a result of the accident. This may include anything on this list or any other out-of-pocket costs you have resulting from the accident. The more detailed you are and the more evidence you have, the harder it is for an insurance company to refute your claim.
Non-Economic Damages
Non-economic damages can be a little more difficult to evaluate. They are intangible, and every person’s life is affected differently. Examples of non-economic damages that could be awarded in drunk driving accident lawsuits include:
- Emotional distress
- Pain and suffering
- Reduced quality of life
- Disfigurement and skin scarring
- Permanent disability
- Loss of consortium
Non-economic damages are very real losses you have suffered and will continue to suffer. This accident has hurt you in very real ways, and non-economic damages are a way to recover some of that loss. It can seem challenging to put a value on these areas, but our experienced Mesquite drunk driving accident lawyer will do so using the law’s guidance to maximize the claim.
Punitive Damages
Punitive damages may also be more likely in drunk driving accident lawsuits. As described under NRS § 42.010, punitive damages cannot be awarded frivolously. Instead, they typically only apply if the defendant’s conduct could be declared “oppressive, malicious, or fraudulent.”
If the driver who hit you, for example, has a prior history of DUI convictions, the court system might take steps to punish the drunk driver beyond your compensatory relief. Punitive damages are not only designed to punish the liable party. They are also expected to send a message to the community that similar conduct will be taken seriously by the Nevada civil courts.
We do not want you to count on receiving these damages, but we do want you to know that it may be available to you. Let our Mesquite drunk driving accident lawyer review your case and build a comprehensive level of compensation for you.
What Steps to Take After an Accident with a Drunk Driver
As terrifying as the moment of being struck by a drunk driver is, what you, as the victim, do in those first few minutes can be critical to protecting your health and well-being. The following steps are a guide to help you be prepared in these situations. Always prioritize your safety and well-being:
- Call 911 and move away from any additional risk to your health. At that moment, you need to alert the police and get medical care for yourself.
- Take immediate steps to begin documenting your case. If the drunk driver leaves the scene, any details you have can matter. That includes photos or videos of the car, driver, or even just the taillight as they speed away.
- If the driver stops, as expected, exchange information with them, if it is safe for you to do so. If you do not feel safe, wait until the police arrive. You must provide your name, contact information, and insurance information.
- Document the scene fully. As soon as it is safe to do so, take photos of the damage to your vehicle, the other vehicle, the surrounding structures, and any debris. Document your injuries with video or photos as well.
- Get medical care as soon as possible. The sooner you seek medical care, the better for your health and well-being. It also provides documentation of what your injuries are. This creates a direct correlation between your injuries and the accident.
Seek legal advice immediately after reaching a point of stability. Do this before contacting insurance companies or filing claims. Your Mesquite drunk driving accident lawyer goes to work immediately for you to hold those who hurt you accountable. Your attorney will work to preserve evidence, document losses, handle insurance companies, and work to resolve your financial losses.
Adhere to the Statute of Limitations
The sooner you speak to a Mesquite drunk driving accident attorney, the faster they can begin working on building your case and claim. In Nevada, the statute of limitations for most personal injury cases, including car accident injuries, is two years from the date the incident took place. This means you must file a lawsuit within those two years, or you forfeit your right to do so.
There are some exceptions to this rule. A person under the age of 18 at the time of the accident and suffering injuries has two years from the date of their 18th birthday to seek a lawsuit. If you were incapacitated for a time or the person guilty flees the state, you may have more time to file a claim.
In most cases, we do not want to have to go to trial. Instead, we want the insurance company to pay you fairly before that. Our experienced legal team will seek a trial when it is necessary to make them pay for what they did to you.
Exhaust Every Opportunity for Legal Recourse
One of the benefits of working with a knowledgeable Mesquite drunk driving accident lawyer is the ability to exhaust all legal avenues. It may surprise you to learn that there are other ways of recovering compensation for your damages that do not involve going to trial. Typically, depending on the type of accident you were involved in, we would actually begin by filing a claim with the insurance company.
Since Nevada follows fault-based insurance laws as described under NRS § 485.185, we usually initiate a claim against the liable party’s auto insurance policy. The insurer may attempt to avoid liability by claiming the policy is void if the driver is intoxicated. However, we will be sure to carefully examine the drunk driver’s auto insurance policy to determine whether the insurance company can avoid financial liability.
Even if you can secure a settlement through the insurance company, it may be ill-equipped to meet your needs fully. This occurs more often than you might think. Thankfully, if the liable party is uninsured or underinsured, filing a personal injury lawsuit is another way to ensure you can get justice and the fair compensation you deserve. Our client testimonials tell this story and many other success stories.
Connect With a Drunk Driving Accident Lawyer in Mesquite for Help Today
The injuries you suffered in the drunk driving accident may have a dramatic effect on your life for years to come. While you may be able to recuperate from your physical injuries, the emotional trauma is something you may need to cope with for the foreseeable future. The at-fault party should be expected to compensate you fairly so you can begin to rebuild your life.
Getting help from a dedicated drunk driving accident attorney in Mesquite from H&P Law could be one of the best decisions you can make for your case. Put our commitment and resources to work for you during some of the most difficult times in your life. Complete our convenient contact form or call our office to schedule your free, no-obligation consultation today.
