After a drunk driving accident in Fairburn, you may be stuck dealing with tremendous physical injuries, financial losses, and emotional trauma. You should not be forced to deal with the aftermath of your injuries alone.
An experienced Fairburn drunk driving accident lawyer at John Foy & associates could help you figure out your next steps. Holding the liable party accountable may be the best way to recover the compensation you will need to move forward with your life. Contact our office for a free consultation today to get started on your insurance and civil claims.
Bringing the Liable Party to Justice After a Drunk Driving Accident in Fairburn
Following a drunk driving accident, you may be anxious to bring the at-fault party to justice and obtain maximum compensation for your damages. To do so, your Fairburn personal injury lawyer will need to show that someone else is responsible for causing your injuries.
Drunk driving accident claims typically result in the drunk driver being held accountable for the victim’s damages. Your attorney will need to closely review the details of your case to determine whether the drunk driver‘s actions were the sole cause of your injuries.
If another factor contributed to the cause of the accident, such as hazardous road conditions or defective motor vehicle parts, not only could the drunk driver be held accountable, but other third parties could be at fault as well.
Dram Shop Liability and Social Host Fault
Drunk driving accident cases in Fairburn are unique due to dram shop liability and social host liability laws. Here, if a social host or dram shop serves or sells alcohol to someone who is already under the influence, and that party goes on to cause a car accident in Fairburn or across the state of Georgia, that party could be held accountable for the victim’s damages.
Dram shop liability and social host fault laws can be particularly complex. Do not hesitate to get the legal guidance and support you need to focus on healing while our team handles the legal details of your drunk driving accident claim.
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Evidence to Prove Fault In Your Drunk Driving Accident Claim
The burden of proof and drunk driving accident claims is based on a preponderance of the evidence. Your lawyer will be responsible for introducing evidence that convinces the judge and jury that the drunk driving defendant is more than likely responsible for your drunk driving accident injuries. This evidence must be compelling.
Some examples of powerful evidence that could be used to support your drunk driving accident case include:
- The defendant’s blood alcohol concentration results
- The defendant’s medical records
- The defendant’s cell phone records
- Police and accident reports
- Reports from injury and accident reconstructionists
- Photos of the drunk driving accident scene
- CCTV, body cam, or other video footage of the drunk driving accident
- Witnesses who can attest to the driver’s unsafe driving or impairment
- Expert witnesses
- Photos of the drunk driving accident victim’s injuries
Elements of a Negligence Suit
These are only a few of the different types of evidence that could be used to support your case. Your drunk driving accident lawyer in Fairburn will need to prove negligence for your case to be successful. The elements of negligence include:
- Duty of care
- Breach of duty
All motorists owe others they share the roads with a duty of care. Any breach in that duty of care that causes the victim to suffer substantial damages may be considered negligence. A thorough investigation into the cause of your drunk driving accident will ensure all liable parties are held accountable to the fullest extent of the law.
Types of Damages You Could Recover
When another party is to blame for your damages, you have the right to be made whole. Each and every law should be taken into account when your drunk driving accident attorney in Fairburn calculates the value of your drunk driving accident claim. You may be surprised at how much your damages are worth.
Economic damages refer to your monetary losses, whereas non-economic damages account for your personal losses. Although non-economic damages do not have a monetary value, since they are so impactful, they are especially valuable. Some of the more common types of damages awarded in Fairburn drunk driving accident claims include:
- Costs of repairing or replacing your vehicle
- Added fees associated with increased auto insurance premiums
- Hospital bills, co-pays, prescription medication, and future medical expenses
- Loss of love, guidance, support, protection, companionship, and advice
- Reduced quality of life and earning potential
- Loss of income
- Embarrassing skin scarring and disfigurement
- Damage to your personal and professional reputations
Drunk driving accident claims may also result in an award of punitive damages. However, punitive damages may only be awarded if the courts find it necessary to punish the defendant beyond the compensatory damages they are entitled to pay you. Punitive damages send a message to the Fairburn community; the court system will not tolerate future conduct of this nature.
Statute of Limitations for Fairburn Drunk Driving Accidents
In pursuing a lawsuit for a drunk driving accident, you must get your claim filed before Georgia’s two-year statute of limitations expires. Getting your claim filed before this deadline runs out is imperative. Your attorney will get started on your case as soon as possible to ensure the statute of limitations does not pass before you have had the opportunity to file your claim.
Getting started on your case in advance also increases the likelihood that your Fairburn drunk driving accident attorney can access certain types of evidence that may only be available for a short period of time, such as video footage that is at risk of being recorded over or deleted.
Get Help from a Drunk Driving Accident Lawyer in Fairburn
After you have been injured in a drunk driving accident, you may be entitled to total compensation for your suffering. With help from a compassionate Fairburn drunk driving accident lawyer at John Foy & Associates, you could be awarded the funds you need to put this traumatic experience behind you.
Start working on your insurance and civil claims as soon as today when you contact our office for a no-cost, risk-free consultation. You can reach us through our quick contact form or by phone to get started.