Even if you are driving as safely as possible, you could end up with painful, devastating injuries and a stack of medical bills and other costs if you get into an accident with a drunk driver.
If you want to take legal action against the drunk driver who caused your accident, a Hempstead drunk driving accident lawyer with Friedman & Simon, L.L.P., will help you explore your options. We also offer a free consultation so that you learn more about your legal rights after the crash.
Call us now at (516) 932-0400. We meet clients on Long Island and elsewhere in the New York metropolitan area.
In This Article
- Proving Negligence in Drunk Driving Accidents
- Drunk Driving Is Careless Driving
- Figuring Out How Much Your Case Is Worth
- Working with a Lawyer on Your Case
- Get a Free Consultation Today
Proving Negligence in Drunk Driving Accidents
If you decide to pursue compensation from the person who hit you, you will need to prove they were negligent. There are four things you must prove to establish negligence:
- Duty – First, you must prove the other driver owed you a duty to act with reasonable care and skill. All drivers owe this duty to other motorists and pedestrians. If someone operates a motor vehicle on a public road, they owe you this duty of care.
- Breach – Second, you must show that the other party failed to drive with reasonable care and skill. Because a careful driver would not drive while intoxicated,(and is against the law,) drunk driving is a breach of one’s duty of care.
- Causation – Third, you must show that the breach is the reason you were hurt. That is, that your injuries were the result of the drunk driving accident. This will be proven from medical records, reports, and testimony.
- Damages – Last, you need to show that you suffered damages from the accident and provide proof of the damages you are requesting. Evidence includes bills, receipts, and other documents.
You have the option of bringing a civil case for damages against the drunk driver who caused your accident. Drunk driving is defined as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or greater, according to the New York Department of Motor Vehicles (NY DMV).
For a free legal consultation with a Drunk Driving Accident lawyer serving Hempstead, call 516-932-0400
Drunk Driving Is Careless Driving
Drunk driving is one of the most dangerous types of conduct on the road. When someone is drunk behind the wheel, they are often incapable of reacting appropriately to situations around them. A Hempstead drunk driving accident lawyer from our firm will help you track down as much evidence as possible of the at-fault driver’s drunkenness to support your case.
A few types of evidence that we could use to support your case include:
- Police reports stating that the other driver was intoxicated
- Witness testimony
- Video or surveillance footage from the accident scene
- Your statement of what happened
- Inspections of the vehicles involved and the accident scene
An accident reconstructionist could also help your case. This is an expert who specializes in figuring out how accidents happened step by step. We might need to hire an accident reconstructionist to testify at trial on your behalf.
Gathering case evidence is a time-consuming task for many, but our team at Friedman & Simon, L.L.P., considers it a privilege to take on this duty for you after you have been victimized by a reckless, drunk driver. . Many accident victims have never been involved in an accident injury claim or litigation and have no idea what to do after an accident. We know just what to do and how to get started right away. Get a free consultation now to learn about your legal options and the compensation that is possibly available to you. Call us at (516) 932-0400.
Hempstead Drunk Driving Accident Lawyer Near Me 516-932-0400
Figuring Out How Much Your Case Is Worth
Many drunk-driving accident victims are eager to figure out how much compensation they are entitled to receive if they pursue compensation. The answer is that a dollar value goal for your case is something that must be developed. The nature, extent, and degree of harm you suffer, what you must deal with in the aftermath of the injuries, medically and financially, the ways the injuries have changed and will change your life, these should all be compensated and must be analyzed and calculated in the months following the accident to determine a correct case-value.
There are many different categories of damages that you could seek with a pre-litigation claim or lawsuit. Working with a lawyer will help make sure that you request the amount of compensation that you deserve.
A few types of damages to consider claiming include:
- Medical bills
- Emergency transportation fees
- Physical therapy
- Medical equipment and devices
- In-home care assistance
- Lost earnings
- Lost earning capacity
Pain and suffering To more effectively seek compensation, please keep accurate records of your expenses. This will help make sure that you don’t leave a single penny behind.
Working with a Lawyer on Your Case
Your lawyer will take care of many things on your behalf. This can bring you peace of mind regarding your case and help you focus on your recovery while taking care of your daily responsibilities. Friedman & Simon, L.L.P., will work to provide the very highest level of legal services for you in many ways, including:
- Keeping you updated on your case
- Identifying liable parties
- Communicating with all parties for you
- Gathering evidence
- Determining a value for your case
Fighting relentlessly to win the best possible result for youMany cases successfully settle in the pre-litigation claim stage for a just and appropriate amount to compensate drunk driving accident victims. However, in the effort to obtain a proper result, some cases must be litigated. We are experienced in claims and lawsuits. We will give you guidance and advocate tirelessly on your behalf. We are dedicated to winning the best possible outcome for you.
Your lawyer will represent you in court, prepare you for your deposition, communicate with insurance companies on your behalf, and seek appropriate compensation for you.
If your case requires pursuing your own insurance company, (for example, in an Underinsured Motorist Claim,) our experience has shown, time and again, that the insurers will most likely try to interpret their policies in a way that is unfavorable to you. Even though you pay your premiums regularly, your insurer wants to pay you as little as possible and wants to avoid having to pay you benefits at all, if possible.
Before you talk to any insurance company or give any statements about what happened during the accident, it is a good idea to consult with an attorney.
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Get a Free Consultation Today
You do not need to go through this experience by yourself. Contact Friedman & Simon, L.L.P., now to discuss your situation. A Hempstead drunk driving accident lawyer with our firm will help you. The sooner you call, the sooner we will start working on your behalf.
Please don’t wait for another second to start figuring out the amount of compensation that you deserve. If you are interested in taking civil action, you are advised to start as soon as possible. New York State limits the time to file legal actions involving personal injury, per NY CVP § 214, as one example, so time is limited. (There are different statutes of limitations covering different circumstances and different potential at-fault parties. For example, claims and lawsuits against government agencies typically have shorter applicable legal time deadlines than those against private persons and entities.) We will help you get started on your case as soon as possible. From a practical perspective, gathering evidence, such as dash-cam and surveillance video, and witness statements, should be done as soon as possible. For the legal deadline reasons and the practical evidence gathering reasons mentioned above, the sooner you contact us, the greater our opportunity to build the strongest case possible on your behalf.
Call us at (516) 932-0400 for a free consultation. We also have a multilingual staff that speaks Spanish, Greek, Bengali, Tamil, and Kannada.