When you have been in a car accident in which there is a drunk driver involved, things may play out a bit differently. You may be wondering exactly how to manage your lawsuit and how things will be compared to a typical car accident case. Attorney Joe Lucé at Joe Knows Law can help you get the compensation you deserve from your car accident. Those who drive drunk and cause injury need to pay for the damage they have caused. Here are a few ways a drunk driving case will differ from a regular car accident case.
Civil vs. Criminal Case
When you are filing your lawsuit against the driver, you will file it in civil court. There is likely also to be a separate criminal case going on at the same time. Civil court and criminal court are completely different entities. Civil court aims to provide a way for injured parties to recover financially. The criminal court serves to deter criminal behavior by inflicting penalties, either financial or incarceration. When you file your civil case, your attorney may ask for lost wages, payment for medical bills, pain and suffering, and compensation for other types of damages.
Pure Negligence vs. No-Fault States
In a no-fault state, you may be barred from bringing your civil suit unless your damages reach a certain threshold. People who live in no-fault states may be forced to rely solely on their insurance companies for compensation when damages aren’t catastrophic. In a pure negligence state, you are free to file your civil suit regardless of the total amount of damages you incurred. You only need to prove fault and that the driver was negligent, just like any other civil injury lawsuit.