If a motorist is driving while intoxicated and slams their car into yours, you can take measures to hold this individual or other liable parties accountable for the harm they’ve caused. Start by speaking with a drunk driving accident lawyer in Hamilton who can evaluate your case and detail your legal options.
The Postman Law team has recovered over $3 billion for our clients. If you’re looking for a car accident lawyer in Hamilton with drunk driving collision experience, we encourage you to reach out. Our attorneys can help you decide whether now is the right time to file a drunk driving accident claim or lawsuit. Contact us today.
What Can Happen If You File a Drunk Driving Accident Claim in Hamilton, Ohio
Your drunk driving accident attorney in Hamilton can help you file a claim in which you seek compensation from a liable party’s insurance company. If your claim is successful, this insurer can compensate you for your medical bills and other qualifying losses.
Expect your personal injury lawyer in Hamilton to remain on your side throughout the claims process. After your claim is filed, your attorney can gather evidence to support it. Plus, they can negotiate the terms of an insurance settlement on your behalf.
Postman Law provides FAQs and other resources regarding auto accident claims and lawsuits. We can help with an insurance claim for an accident involving an intoxicated motorist. Alternatively, we can help you sue this motorist for compensatory damages. To learn more, schedule a free case review.
For a free legal consultation with a drunk driving accident lawyer serving Hamilton, call 844-767-8626
When to Sue for a Drunk Driving Accident
In terms of what to do after an accident with a drunk driver, your personal injury lawyer can help you request compensation from the responsible party’s insurance company. Yet, even if you proceed with an insurance claim, there’s no guarantee that an at-fault party’s insurer will offer fair compensation.
Ultimately, if you want to sue for a drunk driving accident, your attorney can support your decision. At this point, they can help you file your lawsuit in accordance with the car accident statute of limitations in Ohio.
Based on Ohio Revised Code (ORC) Section 2305.10, if you want to sue for injuries you suffer in an accident with a drunk motorist, you generally have two years to file your lawsuit, although various exceptions can apply. If this window closes, you can lose the right to sue at a later time.
Hamilton Drunk Driving Accident Lawyer Near Me 844-767-8626
What Compensation You Can Get If You Sue for a Drunk Driving Crash
Your Hamilton drunk driving accident lawyer can account for your tangible and intangible losses as they estimate your case’s possible value. They want you to secure economic and non-economic damages, such as:
- Pain and suffering
- Car repair costs
- Medical bills
- Lost wages
- Diminished earning capacity
Your attorney wants you to track your accident-related losses for the duration of your case. This can help your lawyer build a body of evidence that they can use to prove to a judge or jury that a party acted negligently and should pay damages.
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Evidence to Use in a Drunk Driving Accident Case
Just because you claim that a motorist or another party is to blame for your drunk driving accident doesn’t mean that a judge or jury will rule in your favor. Your personal injury attorney can search extensively for evidence. Types of proof your attorney can utilize in your argument include:
- Chemical test results
- Police reports
- Witness statements
- Accident scene photos
- Video footage of your accident
- Medical records
- Pay stubs
If you have relevant proof, an at-fault party or their insurance company can be increasingly inclined to offer a reasonable settlement. Or, if your case goes to trial, your lawyer can share your evidence with a judge or jury, which can make it tough for the defendant to dispute your case.
Who Can Be Held Responsible for a Drunk Driving Accident
Sometimes, a motorist who chose to get behind the wheel while intoxicated can be held responsible for an auto accident. In these situations, the driver may also face civil and criminal penalties for their actions.
Under Ohio’s Dram Shop Law, which is addressed in ORC Section 4399.18, a liquor permit holder or its employee can potentially be held liable for injuries, deaths, or property damage caused by an intoxicated person in certain circumstances.
In limited circumstances, there are times when a host of a private party can be held liable if they furnish alcohol to an underage person who caused a drunk driving accident. There are also certain instances when an employer can be at fault for a drunk driving accident if an intoxicated motorist was working and acting within the scope of their employment at the time of the incident.
Who Can File a Wrongful Death Drunk Driving Accident Lawsuit
Ohio’s wrongful death laws are outlined in ORC Chapter 2125. In alignment with these, if you lose a family member in a fatal drunk driving accident, the personal representative of the deceased person (decedent) can file a wrongful death lawsuit for the benefit of the surviving spouse, children, parents, or other next of kin.
Wrongful death lawyers value compassion and empathy. They know how emotionally taxing it is to lose a loved one in a fatal car accident involving an intoxicated motorist. If you decide to file a wrongful death lawsuit, your attorney can take care of your legal matters as you and your loved ones do what you feel is necessary to mourn your devastating loss.
Your attorney can keep you updated about settlement negotiations with a liable party. In addition, they can develop an argument designed to show you that a party acted negligently and should be held responsible for the losses you’ve incurred due to your loved one’s death.
Our Drunk Driving Accident Lawyers in Hamilton Don’t Just Promise, We Deliver
Postman Law has served 1.4 million clients, including those involved in drunk driving accident claims and lawsuits.
If you want to partner with a Hamilton drunk driving accident attorney who will put your legal needs first, we are here for you. To find out more, request a free case review.