It is inexcusable to drive a car while intoxicated. Unfortunately, a drunk driver can cause an accident that leaves you with injuries. In this situation, consult with a Mt. Pleasant drunk driving accident lawyer, and they can help you take legal action against this individual.
The Shelly Leeke Law Firm can help you request compensatory damages from the drunk driver responsible for your auto accident. With more than 10 years of legal experience, we know what it takes to help plaintiffs secure damages in drunk driving crash lawsuits. Discuss your case with a Mt. Pleasant car accident lawyer from our team.
How to Hold Someone Accountable for a Drunk Driving Accident
Drunk driving is illegal. If the other driver is found to be intoxicated at the time of your crash, they could face criminal charges. Along with these, you could request damages from this motorist.
A Mt. Pleasant personal injury lawyer wants you to hold an intoxicated motorist accountable for their actions. They can examine your case. Your lawyer can explain what is the average settlement in a drunk driving accident case and how to recover maximum damages in your lawsuit.
The Shelly Leeke Law Firm has a track record of success in car accident cases. We do not charge any attorney fees or expenses unless we win or settle your lawsuit. Schedule a free case consultation with us.
How Much Time You Have to File a Mt. Pleasant Drunk Driving Accident Lawsuit
Based on the South Carolina Code of Laws Section 15-3-530, there is a three-year statute of limitations. You may have up to three years after a drunk driving collision to sue an at-fault driver for damages. After this window expires, you may be solely responsible for your crash-related losses.
A drunk driving accident lawyer in Mt. Pleasant can submit the paperwork for your lawsuit right away. They understand how to deal with shock after a car accident. Your attorney will work diligently to help you secure fair compensation.
Filing a lawsuit does not guarantee you will be awarded damages. It is your responsibility to prove to the court that a driver was negligent and should be ordered to cover your losses. Your lawyer can calculate your damages and help you show a judge or jury that you should be compensated for your losses accordingly.
Damages You Can Recover in Your Lawsuit
A drunk driving accident attorney in Mt. Pleasant can provide insights into what are compensatory damages and how they apply to your case. You could have grounds to request economic and non-economic damages. You could receive these for many reasons, such as:
- Costs of repairing or replacing your car
- Medical expenses
- Lost wages
- Pain and suffering
Your lawyer can share information about how to claim lost wages from a car accident and secure other quantifiable and subjective losses. Of course, you will need evidence to support your case. Your attorney can help you build a body of proof that resonates with the court.
Evidence to Help You Win or Settle Your Lawsuit
A preponderance of evidence can make a world of difference relative to your lawsuit. Your attorney can help you collect evidence that makes it clear to a judge or jury that the defendant should be ordered to pay damages. Proof you can utilize includes:
- Accident scene photos and videos
- Breathalyzer test results
- Dashcam footage
- Medical records
- Police report
- Witness statements
Your Mt. Pleasant drunk driving accident attorney can teach you about the proof needed in a South Carolina personal injury claim. If your body of evidence is overwhelming, it becomes difficult to contest your case. Thus, the defendant may be inclined to settle, and you could receive a reasonable offer prior to your trial date.
What You Need to Know About Negligence in a Drunk Driving Crash Case
Your attorney can provide a breakdown of negligence laws in South Carolina and discuss how they relate to your drunk driving collision case. Ultimately, you must show that a drunk driver was negligent to get damages. There are four elements of negligence you must prove were present at the time of your crash:
- Duty of Care: A driver was legally obligated to follow the rules of the road and do other things to avoid accidents.
- Breach of Duty of Care: The driver chose to get behind the wheel while intoxicated and, in doing so, violated their legal obligation to you.
- Causation: The driver caused your accident because they chose to operate their vehicle while intoxicated.
- Damages: You face economic or non-economic losses due to the drunk driver’s actions.
South Carolina has a 51% rule in terms of damages. If a judge or jury says you are 1-50% responsible for your car accident, you can receive damages from the other party, but what you get can be reduced by your percentage of fault. In a situation where you are primarily responsible for your crash, you may be ineligible to collect damages from another liable party.
Filing a Drunk Driving Accident Wrongful Death Lawsuit
It is emotionally devastating to lose a family member in a fatal drunk driving collision. If you and your loved ones are coping with the loss of a family member in a drunk driving accident, help is available. A Mt. Pleasant wrongful death lawyer is caring, supportive, and empathetic, and they put the best interests of you and your family front and center.
A wrongful death attorney understands filing a lawsuit against the party responsible for your loved one’s death may not be a consideration during this challenging time in your life. They can explain your legal options. If you feel it may be financially beneficial to sue, your attorney can help you do just that.
Your lawyer takes care of your legal matters. They can keep you updated as your litigation proceeds. If you have legal concerns or questions at any point during your legal proceedings, your attorney will address them.
Partner with a Drunk Driving Crash Lawyer
The Shelly Leeke Law Firm provides legal support and guidance to drunk driving accident victims and their families. Trust our team to assist you with your lawsuit. Request a free case consultation with us.
