Despite the fact that it is well known that driving under the influence (DUI) is likely to cause catastrophic bodily injury or death, drivers still continue to get behind the wheel after drinking too much or consuming drugs. This is a complete disregard for the safety of passengers, bicyclists, pedestrians, and other motorists on the roadways. If you have suffered critical injuries in an accident caused by a drunk driver, you may have the right to take legal action against them.
Your highly experienced Beaufort drunk driving accident lawyer from Shelly Leeke Law Firm can help you get justice. With 10+ years of trial experience and a powerful history of high-dollar verdicts, your dedicated Beaufort car accident lawyer is here to make the liable party pay. Contact our office to request a free consultation today and learn more about how drunk driving accident lawsuits work and how a drunk driving accident attorney in Beaufort determines how much compensation your damages are worth.
Beaufort Drunk Driving Accident FAQ
Is the Drunk Driver Going to Go to Jail?
The drunk driver will likely face criminal charges for driving under the influence (DUI). If the driver is convicted, depending on the number of DUI convictions on their record, they could spend up to five years in jail and have their driving privileges permanently revoked. However, these are not the only penalties they will face.
There are also collateral consequences. With a criminal record, the conviction will continue to follow them for years to come. They can also be held liable for your damages when you file a civil claim with the assistance of your Beaufort personal injury lawyer from Shelly Leeke Law Firm.
How Long Do I Have to File My Drunk Driving Accident Lawsuit?
You have until the statute of limitations for personal injury claims expires. Generally, this means you have up to three years from the date of the collision to get your lawsuit filed within the civil court system per S.C. Code Ann. §15-3-530. If this deadline expires and your lawsuit has not been filed, you can expect the court system to refuse to hear your case.
With that in mind, there are some situations where the statute of limitations may be extended. If you have a minor child who is injured in the accident or your injuries were not diagnosed until a later date, the statute of limitations could temporarily toll. It could also pause its countdown if the drunk driver flees the state in an attempt to avoid criminal charges and liability in your civil claim.
What Does It Cost to Hire a Beaufort Drunk Driving Accident Attorney?
It should not cost you anything out of your own pocket to hire a Beaufort catastrophic injury lawyer from our firm. We pride ourselves on putting our client’s needs first. Our drunk driving accident lawyer in Beaufort understands that you may be having extreme financial issues due to the severity of your injuries and your inability to recuperate.
We never charge our clients a retainer or expect them to pay court filing fees or other costs that come up as we build their case. We take care of these expenses on your behalf. Our contingency agreements are written to follow state rules as outlined under South Carolina Judicial Branch Rule 1.5: Fees, so we only get paid if we win.
Will I Be Awarded Punitive Damages?
It is difficult to say whether you will be awarded punitive damages. Also commonly known as exemplary damages, punitive damages may be appropriate in drunk driving accident cases. This is because the criteria for a punitive damages award involves gross negligence or intentional malice as described under S.C. Code Ann. §15-32-530.
It is universally recognized that drunk driving is a serious threat to the safety and well-being of others on the roadways. There have been countless instances of injuries and deaths related to driving under the influence of drugs or alcohol. This is a prime example of a blatant disregard for human life, and the judge may decide to punish the defendant accordingly.
How Do Insurance Claims Work in Drunk Driving Accident Cases?
Insurance claims can be particularly complicated in drunk driving accident cases. This is because, despite the fact that South Carolina follows fault insurance laws as described by the South Carolina Department of Insurance, the at-fault party’s insurance company may attempt to avoid liability. The insurer will lose money if it pays out on your claim, so you can expect some pushback.
With drunk driving accidents in particular, insurance companies may argue that coverage was not active if the driver was intoxicated at the time of the collision. The drunk driver’s auto insurance policy terms will provide additional information. Even if you cannot recover a fair settlement through the insurance company, you may be able to recover the compensation you deserve and bring the drunk driver to justice by filing a personal injury lawsuit against them.
Establishing Blame in a Beaufort Drunk Driving Accident
Establishing liability is essential in any Beaufort drunk driving accident. You might assume it is obvious who is at fault, but it may surprise you to learn the other parties could share blame as well. Of course, we will take the appropriate legal action against the drunk driver who hit you.
However, we may also have grounds for a dram shop liability lawsuit. Under S.C. Code Ann. §61-4-580, if a local establishment served or sold alcohol to someone who was already clearly impaired, they may share liability for your damages. This may make it possible for you to recover the compensation you deserve.
Turn to a Trial-Tested Drunk Driving Accident Lawyer in Beaufort for Help Today
The injuries you sustained in a drunk driving accident may continue to affect your life for the foreseeable future. Not only do we represent victims who have suffered temporary and permanently disabling injuries, but our wrongful death lawyer has also advocated for the rights of families struggling to cope after losing a loved one and a drunk driving accident. Let us help you and your family get through these financially and emotionally devastating times.
Consult a reputable drunk driving accident attorney in Beaufort from Shelly Leeke Law Firm when you are ready to fight for the fair compensation you are entitled to. Our team offers free consultations to drunk driving accident victims throughout the Beaufort area and neighboring communities. Take advantage of this opportunity to rebuild your life when you call our office or fill out our online contact form as soon as today.
