]If you were the victim of a DUI accident in Stockbridge, you could file a claim with the liable party’s insurer to pursue compensation for your losses. We can handle your claim and assess any settlement offers. If an insurer does not agree to a fair award, we can take your case a step further and file a personal injury lawsuit.
Kaine Law advocates for victims of DUI accidents. We are ready to fight for justice on your behalf. Prospective clients can take advantage of our free consultations to determine their legal rights.
Steps to Take After a DUI Accident
In the aftermath of a DUI accident, you are urged to take these actions to help you move forward:
Seek Medical Attention
Even if you don’t immediately notice any injuries, prioritize seeing a doctor. Although you may be concerned about the cost, it’s vital not to forgo needed care—medical bills may be reimbursed later through insurance or a claim against a liable party. If you have severe injuries, do not attempt to move. If you cannot do so yourself, have someone around you call 911 for help.
Contact Law Enforcement
If you don’t need to call 911, you will still need to contact law enforcement to report the incident. Do not leave the accident scene until they arrive and file a police report you can obtain later.
For a free legal consultation with a dui accident lawyer serving Stockbridge, call 404-214-2001
Take Pictures of the Scene
Document the aftermath of the accident with as many images as you can. If you don’t have a cell phone with a camera, ask a bystander for help. Get pictures of the accident scene, the other driver’s vehicle, your vehicle, and your injuries if you can.
Contact a DUI Accident Lawyer
A DUI accident can have a long-lasting impact on a person’s health and property. However, an attorney specializing in DUI cases can help you hold responsible parties legally liable for your losses and pursue compensation for your bodily harm and emotional distress.
Stockbridge DUI Accident Lawyer Near Me 404-214-2001
Compensation that May Follow a DUI Accident Caused by Negligence
In Georgia, a driver can get a DUI for operating a motor vehicle while under the influence of drugs or alcohol, with a BAC (blood alcohol concentration) of .08 percent or higher, or with any illegal drug in their system. Persons driving under the influence—whether intoxicated by alcohol, drugs, or prescription medication—puts everyone on the road at risk.
Fortunately, a car accident victim can file a claim with the at-fault driver’s insurer. A settlement or court-awarded offer may compensate you for:
- Emergency room visits and hospital stays
- Surgery and rehabilitative care
- Doctor’s appointments and transportation to your doctor
- Home modifications you require to cope with your injuries
- Lost wages from time you had to take off of work
- Reduced earning capacity if your injuries prevent you from working or performing the same duties
- Loss of quality of life if your injuries keep you from enjoying the activities you once did
- Pain and suffering
- Scarring and disfigurement
If you lost a loved one due to a DUI accident in Stockbridge, you might qualify to receive the following damages through a wrongful death claim or lawsuit:
- Funeral and burial/cremation costs
- Your loved one’s income they would have provided
- Your loved one’s medical bills
- Your loved one’s pain and suffering
- Loss of consortium
We can calculate your losses to ensure you do not accept a settlement offer that would not fairly cover them. Our goal is for you to suffer no further loss down the road. So, we want to understand the full scope of your injury and how it will affect you. Insurers may make a quick offer, but accepting it may mean leaving money on the table.
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Proving Negligence in a DUI Accident Is More Complicated Than You Might Think
Though proving negligence in a DUI accident may seem straightforward, any personal injury case can become complex. For example, just because someone bears the fault for an accident does not necessarily mean they are liable for the damages.
In general, to collect compensation, you must prove:
- The defendant owed you a duty of care to keep you reasonably safe.
- The defendant breached their duty of care through a negligent act.
- The breach caused the accident.
- The accident led to your injuries and subsequent losses.
We can help hold a drunk driver liable for your damages by collecting evidence of their negligence and linking it to your injuries.
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Who Can You File a Claim Against If an Impaired Driver Injures You?
You have a legal right to pursue legal action against an impaired driver who caused an accident that injured you. Other parties may also be liable, including the following:
- The vehicle’s owner
- The driver’s employer
- The business where the driver was served alcohol
- An owner of a private residence where the driver was served alcohol
Georgia’s Contributory Negligence Law Can Benefit Your Case
When you make an insurance claim, the liable party’s provider may try to argue that you were more at fault for the accident than their client. This is because, under O.C.G.A. § 51-12-33, claimants are not allowed to receive damages if they bear 50% or more fault. If you were less than 50% responsible, you could seek a settlement, but your share of the fault will reduce it.
When an insurance adjuster decides fault, they may try to undervalue or outright deny your claim. We can conduct our own investigation of the crash to gather evidence demonstrating the other driver’s liability. When the other party was intoxicated, we can use the police report to demonstrate their liability.
Even if you did not originally call the police to the accident scene, we might still be able to gather evidence that proves the at-fault driver acted negligently.
Georgia’s Dram Shop Law: When Alcohol Providers Are Liable for a DUI Accident
Dram shop laws allow for accident- and injury-related civil claims against an alcohol provider who unlawfully served alcohol to a driver under the age of 21 or continued to serve alcohol to a noticeably intoxicated person of legal drinking age. Moreover, the defendant may be held legally liable for any accident-related injuries or fatalities caused by an impaired driver to whom they carelessly furnished alcohol.
Dram shop claims can be filed against parties licensed to sell alcohol, such as bars, nightclubs, restaurants, liquor and convenience stores, and other commercial alcohol vendors. “Social host” claims can be filed against homeowners, clubs, fraternities, employers, and individuals who host social functions at which alcoholic drinks are served.
How Our Law Firm Can Help You with Your Stockbridge Case
You deserve to rest and recuperate from your injuries. You do not have to choose between that and pursuing legal action, though. While you focus on your health, we can handle your compensation case. Whether we are filing an insurance claim or a lawsuit, we can see your case through to the end.
Here are a few of the ways our DUI accident attorneys can help:
Negotiate for a Fair Settlement
We can communicate with your doctors and other medical experts to prove your injuries resulted from the accident and demonstrate the worth of your case. We will make sure to account for any future losses.
These could include medical expenses for ongoing therapy, as well as non-economic losses. When we negotiate with insurers, we will not back down or get pressured into accepting an unfair offer.
Represent You at Trial
If negotiations with insurers do not yield a fair outcome, we will not hesitate to take legal action on your behalf. Sometimes, when insurers see that we have filed a civil suit, they return to the negotiating table. Regardless, we are ready to represent you at a trial where we will argue our findings and fight for a court-awarded offer.
Give Your Case Personalized Attention
When you work with us, we will give your case the personalized attention it deserves. We want to keep you abreast of any developments or changes throughout the legal process. We will also make ourselves available to answer any questions and concerns that you may have along the way.
Handle Your Case on a Contingency-Fee Basis
One of the best things about working with our firm is that we make legal representation affordable. Unlike other firms, we do not charge upfront fees or hourly rates. We work on a contingency-fee basis. This means we only take our payment out of the settlement or court-awarded offer we win for you.
During a free consultation, we can determine your legal options. This allows us to get started on your case immediately. It can also give you peace of mind, knowing that you will not be risking further financial strain.
Contact Kaine Law to get Started with Your DUI Accident Case
Suffering injuries due to someone’s negligence is frustrating enough. When the liable party in your case chose to drive drunk, it’s downright infuriating. Our firm has multiple decades of experience fighting cases like these, and we’re ready to fight for you. We take on the tedious tasks so you can concentrate on recovering from your injuries.
Call us to discuss your DUI accident and see how our Stockbridge lawyers can help you.