Are there legal avenues that DUI accident victims can explore to seek compensation for their financial losses?

When a family suffers from a DUI accident or drunk driving accident, the most horrible and anxious consequence they have to bear is the financial losses because of expensive medical care, food and residence expenses, loss of wages, endangered employment and many more factors that disturb their financial remedies and savings.

The affected family has to bear these consequences, aside from the grief and pain they go through. Dealing with a DUI crash requires enduring a lengthy and challenging process. This can become worse if a loved one dies as a result of such an accident.

When considering financial remedies such as car insurance, medical and health insurance, employee benefits, or personal savings, these are all private means of assistance. If the situation is worse with prolonged medical care or a disability of a member of a family, these remedies would not stay for that long. 

Therefore, DUI crash victims need to explore legal avenues for financial assistance during such challenging circumstances. In this blog, we are enlisting the legal avenues from which a DUI crash victim can get financial help. But first, we need to see the importance of a lawyer to cope with the situation on your behalf.

 

Necessity of a DUI Accident Lawyer

A DUI accident lawyer, or drunk driving accident lawyer, is always there to help you get what you deserve in a tight situation when you are facing the aftershocks of a DUI accident. As a DUI accident attorney knows about the law and legal avenues from which you can get financial help, it is the best option for you not to shoulder the burden of a legal cope yourself between the two parties.

You can always get a drunk driving accident lawyer in your nearby area. If you or any of your relatives are dealing with a DUI accident situation in South Carolina, it is advisable to consult a drunk driving accident lawyer in Myrtle Beach. The firm employs a team of experienced lawyers dedicated to assisting you. An expert lawyer would make you feel lighter in the stressful situation you encounter after a DUI crash.

Next, let’s discuss the available legal options to seek financial assistance so you can discuss it with your lawyer to get expert advice on what to go for.

 

Legal Avenues of Financial Help for DUI Victims

There are several legal options a victim or his family members can seek for financial compensation. These options do not involve your personal insurance or savings. Following is a list of possible legal avenues to seek financial compensation.

DUI Victim Compensation

DUI (Driving under the influence) victims can seek victim compensation by filing a lawsuit against the faulty party. The court will take many factors into account to decide how much a victim owes to the faulty or impaired driver. This is derived by determining the extent of damage caused to the affected party, like the nature of injuries, time to heal, expected medical care tenure etc.

The court may award substantial compensation if the victim has lost their life due to the impaired driving of the at-fault party.

There is also another side to the matter that comes before filing the lawsuit against the faulty driver. This is a settlement between the two parties outside the court. Remember to take advice from your DUI lawyer in this matter and include all losses you faced due to DUI accident. These losses include property damage, medical care expenses, lost wages, future lost wages and pain reimbursement. 

However, this settlement would usually be lower than what the jury or court will assign to you. But if you don’t want to get into legal complications, this may suit you. It is worth noting that after an outside settlement, you will lose the right to sue the faulty party in the court even if your settlement amount fails to cover your financial compensation.

The Court’s Judgment About Compensation

When a lawsuit is filed against a DUI convicted driver by the victim to get compensated for his financial loss, the court decides about the asked compensation on several factors. Some of these factors that affect the court’s judgement about victim compensation are listed and discussed below.

• Negligence of Convicted Driver

The intensity of negligence by the convicted person is calculated based on the facts he was convicted for. This is the most significant factor that helps the court decide about the amount of compensation. Negligence can be defined as the failure to act carefully in the same subject scenarios or circumstances. A DUI convicted driver will be considered negligent if his BAC (Blood Alcohol Concentration) is higher than the allowed limit.

• Future Lost Earnings

If the victim sustains severe injuries, permanent disability, or experiences mental health issues that prevent them from returning to their previous employment, the court may award compensation in such cases. This is different from the lost wages as the lost wages referred to the wages lost during the recovery period. Future loss of Earning indicates the inability to work in the future due to the severity of injuries.

• Long Term Medical Expenses

If the victim receives severe injuries like chronic pain or permanent disability that would cause him to rely upon long-term medical care, the court may entitle him for the compensation of damages he received. This compensation is provided once, and if the awarded amount is depleted before the conclusion of medical care, it cannot be replenished.

• Dram Shop Law

In many states, bars or restaurants can be held accountable for the quantity of alcohol they served to the convicted individual. Therefore, a victim may file a lawsuit against the respective bar or restaurant seeking compensation for the incurred damages. Your DUI lawyer can help you if you choose to go this way.

• Pain and Suffering Compensation

In certain states, you may be eligible for compensation for damages if you are experiencing significant pain and suffering resulting from injuries sustained in a DUI accident.

• DUI Crash Death

In the case of a victim’s death after a DUI, the family may get compensated by the court in this regard for the expenses like funeral costs and medical bills.

Crime Victim Compensation

This is the compensation offered by the state to compensate a victim or his family from the state fund. This is offered in the states only where impaired driving, or vehicular crimes falls under the crime victim compensation program by the law.

When a driver is found guilty of a crime, such as a DUI accident, they are subjected to fines and penalties that must be paid to the government. The crime victim compensation program is supported by that fund to support the victims or their families when they run out of their resources or personal remedies.  

It is important to note that laws regarding crime victim compensation vary from state to state, and some states do not include vehicular crimes in their program. Furthermore, this program is available only to individuals who have exhausted all their financial resources and savings due to the repercussions of a loved one’s death or injury.

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Final Words

In the event of a DUI accident, it is advisable to avoid making hasty or significant decisions on your own. This is the best way to get a DUI accident attorney to look after the legal matters for you.

Getting a DUI accident lawyer makes the matters easy for you to get financial compensation from legal avenues. This helps pay for the necessities that become hard to get, especially medical care for your loved one. This also compensates for the suffered losses of the victim’s family.