You are injured in a car accident involving an intoxicated motorist. At this point, you’re frustrated, and you’re unsure of how to respond.
After you receive medical attention, ask for help from a drunk driving accident lawyer in Joliet. That way, you can get insights into your legal options for holding any parties liable for your accident accountable for their negligence.
Postman Law has obtained more than $3 billion for our clients. We encourage you to discuss your drunk driving accident case with us. In your situation, our car accident lawyer in Joliet may be able to help you recover compensation through an insurance claim or a personal injury lawsuit. Contact us today for more information.
Don’t Wait to File a Drunk Driving Accident Claim in Joliet, Illinois
Your drunk driving accident attorney in Joliet knows how challenging it can be to move forward from a car crash involving an intoxicated motorist. They can explain what to do after an accident with a drunk driver and, if necessary, guide you through the insurance claims process.
Trust your personal injury lawyer in Joliet to help you file a drunk driving accident claim. From here, your attorney can negotiate an insurance settlement on your behalf. That way, you are well-equipped to get compensation for various accident losses from a liable party’s insurer.
The Postman Law team can share FAQs and other resources with you regarding insurance claims for drunk driving car accidents. We can help you file your claim and assist during insurance settlement negotiations. To learn more, request a free case review.
For a free legal consultation with a drunk driving accident lawyer serving Joliet, call 844-767-8626
When to Sue for a Drunk Driving Auto Accident
Ultimately, how long it takes to get a car accident settlement will depend on whether there’s a dispute over liability and other factors. If the insurance company of the other party involved in your drunk driving accident case doesn’t offer you a reasonable settlement, it can be beneficial to proceed with a lawsuit.
In alignment with 735 ILCS 5/13-202, if someone else is responsible for your auto accident and injuries and you want to sue them for compensatory damages, you generally have two years to file a lawsuit.
Meanwhile, per the Illinois Wrongful Death Act, if you have lost a family member in a fatal car crash, you typically have two years from the date of death to sue. In Illinois, the personal representative of a deceased person (decedent) is permitted to file a wrongful death lawsuit for the benefit of a surviving spouse or next of kin.
Joliet Drunk Driving Accident Lawyer Near Me 844-767-8626
What an Intoxicated Driving Accident Lawsuit Is Worth
Your Joliet drunk driving accident lawyer wants you to recover economic and non-economic damages from anyone responsible for your car collision. Below are some of the compensatory damages you can potentially obtain:
- Pain and suffering
- Medical bills
- Car repair and replacement costs
- Lost wages
- Diminished earning capacity
- Loss of enjoyment of life
If you file a wrongful death lawsuit for a fatal drunk driving accident, you can get damages for your family member’s burial and funeral expenses and other losses.
A wrongful death attorney values empathy and compassion. They can assist you with your lawsuit as you and your loved ones cope with the aftermath of losing a loved one in a fatal accident.
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Who Can Be Held Liable for an Intoxicated Driving Accident
In some cases, a motorist can choose to operate their vehicle while intoxicated, get into an accident, and be held responsible for the incident. For those involved in such an accident, it helps to have a personal injury attorney with relevant experience on your side. Your lawyer can work with you to file a claim or lawsuit against this individual.
Under the Illinois Dram Shop Act, an alcohol-serving establishment can be held liable for the actions of an intoxicated person. Due to this, a restaurant, bar, or other establishments can sometimes be at fault for an auto accident involving a drunk motorist.
Outside of these parties, there are times when an employee operating a company vehicle or performing a job while intoxicated can be involved in a car accident. At these times, the employer can be at fault for the incident.
Evidence to Use in a Drunk Driving Accident Case
Your car accident attorney can gather evidence from a wide range of sources. They want to retrieve proof, since doing so can strengthen your argument and help prove negligence. Examples of proof that your lawyer can use in your case include:
- Police reports
- Chemical test results
- Video footage of your accident
- Witness statements
- Accident scene photos
- Medical and toxicology records
- Accident reconstruction reports
In addition to these forms of evidence, your lawyer will advise you to track what you spend on medical care for your accident injuries and your lost wages. This allows your lawyer to use your medical bills and pay stubs as evidence in support of your case for damages.
How to Show That Someone Is at Fault for a Drunk Driving Accident
Negligence can be the deciding factor in your drunk driving accident case. As your personal injury attorney prepares your case for trial, they want to be able to show a judge or jury that a party acted negligently and should be held liable for your accident, injuries, and losses.
To illustrate negligence, your attorney can describe to a judge or jury how the defendant violated their duty of care to you. Your lawyer can explain how this breach of duty caused your accident and left you with damages.
According to 735 ILCS 5/2-1116, you are subject to modified comparative negligence in personal injury lawsuits in Illinois. If you sue for a drunk driving accident in which you suffer injuries and are 50% or less liable, your damages can be reduced by your percentage of fault. Or, if you’re 51% or more to blame, you are barred from recovering damages.
Our Team Wants Your Legal Journey to Be Successful and Stress-Free
Partner with a Joliet drunk driving accident attorney from Postman Law. Our team has served 1.4 million clients. We are ready to address any legal challenges you face in your drunk driving collision case. To find out more, schedule a free case review.