How Do I Sue A Drunk Driver In California?

How Do I Sue A Drunk Driver In California? In This Article We Explore The Many Aspects Of Pursuing Legal Action Against A Drunk Driver

If you or a loved one has been injured by a drunk driving accident in California, you have the right to pursue legal action against the responsible party. Filing a lawsuit against a drunk driver for damages from a motor vehicle accident can help you seek compensation for your injuries, medical expenses, lost wages, pain and suffering, and other damages. In this article, we will outline the general process of suing a drunk driver in California and provide some key points to consider.

Seek Medical Attention

After a drunk driving accident, your health and well-being should be the top priority. Seek immediate medical attention for any injuries you or others have sustained. Prompt medical documentation of your injuries will not only ensure proper care but also serve as crucial evidence in your lawsuit.

Contact Law Enforcement

Report the accident to the appropriate law enforcement agency as soon as possible. The police will investigate the incident, gather evidence, and create an official report. This report can play a vital role in establishing the drunk driver’s negligence and liability.

Gather Evidence

Collect as much evidence as possible to support your case. This may include photographs of the accident scene, property damage, injuries, and any visible signs of impairment by the drunk driver (e.g., open containers, slurred speech). Obtain contact information from witnesses who saw the accident or can testify to the driver’s intoxication.

Consult with an Experienced Attorney

Hiring a skilled personal injury attorney with expertise in drunk driving accidents is highly recommended. An attorney can guide you through the legal process, assert your rights, skillfully negotiate with the insurance company for financial compensation, and help build a strong and compelling personal injury case. They will review the details of your accident, assess the available evidence, and provide legal advice tailored to your situation.

File a Lawsuit

If your attorney’s negotiations with the insurance company or the drunk driver’s legal representation fail to reach a fair settlement, your attorney may recommend filing a lawsuit. The lawsuit typically begins by drafting a complaint, which outlines the details of the accident, the damages you have suffered, and the legal grounds for your claim. Your attorney will then file the complaint with the appropriate court and serve it on the defendant.

Legal Proceedings

Once the lawsuit is filed, the legal process begins. This typically involves discovery, where both parties exchange information and gather evidence. Depositions may be conducted, where witnesses and parties involved provide sworn testimony. Settlement negotiations may also occur during this phase.

Go To Trial

If a settlement cannot be reached, the case may proceed to trial. Your attorney will present your case, including evidence, witness testimony, and legal arguments, before a judge or jury. The decision will be based on the merits of the case and applicable State law.

Judgment and Compensation

If you succeed in proving the drunk driver’s liability, the court may award you compensation for your damages. This can include medical expenses, lost wages, pain and suffering, property damage, and other applicable losses. The amount of compensation will vary based on the specific circumstances of your case. It should be noted that in addition to your economic and non-economic damages, you may also seek punitive damages in a personal injury case where the defendant was under the influence of alcohol or drugs. Punitive damages are to punish a wrongdoer for the conduct and discourage similar conduct in the future.

Suing a drunk driver in California involves a complex legal process. It is crucial to consult with an experienced personal injury attorney who can provide guidance and represent your best interests. By taking legal action, you can hold the drunk driver accountable for their negligence and seek the compensation you deserve for the physical, emotional, and financial impact of the accident.

We offer California Drunk Driving Accident Victims a Free Consultation, and there are No Attorney’s Fees Unless We Recover Compensation For You

At The Hassell Law Group, our legal team are experts in car accident law and personal injury law with over 100 years of combined legal experience, and experience matters. We stand up to aggressive insurance companies and have a history of obtaining award-winning results for our clients. We fight every step of the way to achieve the best possible outcome for our clients. We work on a contingency fee basis, which means there is no financial risk in hiring our law firm. Contact us today to schedule a free consultation and case evaluation. We welcome your questions, and our legal team looks forward to helping you obtain just and proper compensation for your personal injury claim.

The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.