Have you been injured by a drunk driver? Although there are some common elements in car accident cases, crashes involving drunk drivers have some unique factors, including damage elements that are different from other types of negligence personal injury cases. To find out what legal options you may have, it is important to speak with a car accident lawyer who specializes in drunk driving accident cases.
At Shapiro, Washburn & Sharp, we have been advocating for accident victims for more than 35 years and are dedicated to getting our clients the financial compensation they deserve for the losses they have suffered. Call our office at 833-997-1774 for a free and confidential consultation.
How Does Virginia Define DUI?
Being injured by a drunk driver can be a traumatic and life-altering experience. Understanding your rights and the potential damages you can claim is crucial in navigating the aftermath of such an incident.
Under Virginia law, a driver is considered legally impaired if their blood alcohol concentration (BAC) is 0.08 percent. If convicted of DUI, the driver faces license suspension, fines, mandatory substance abuse classes, and a potential jail sentence, depending on whether they have any prior DUI convictions.
It is important to note that even if the at-fault driver is not convicted of DUI, your car accident lawyer may still be able to use certain evidence to prove the driver’s liability. This is also why you do not have to wait until any criminal case has been resolved to pursue your drunk driving accident claim. The civil claim and the criminal charges are two entirely separate legal matters.
What Are the Types of Damages Pursued in a Drunk Driving Accident?
Your car accident lawyer can pursue different types of damages on your behalf. The first type is referred to as compensatory damages. Compensatory damages make someone whole for the injuries that they’ve suffered.
These can be both economic and noneconomic losses.
Economic losses can include your medical expenses. Victims can claim damages for all medical costs related to their injuries, including hospital stays, surgeries, rehabilitation, medications, and ongoing treatment. This encompasses both past and future medical expenses.
You can also pursue compensation for lost wages if your injuries prevented you from working while recovering. This includes current wages and any potential future earnings if the injuries impact your ability to work long-term.
Noneconomic damages are more subjective because they do not have an actual dollar amount associated with them. One of the most common is damages for pain and suffering, which address the physical pain and emotional distress caused by the accident.
Are You Entitled to Punitive Damages?
The Virginia General Assembly in the Virginia Code states that if the driver’s BAC is 0.15 percent or higher, your car accident lawyer can submit punitive damages to the jury.
Punitive damages are different than compensatory damages. They are meant to “punish” the at-fault driver for their egregious behavior. They also serve to send a message to the community that drunk driving won’t be tolerated.
What Can Your Personal Injury Law Firm Do to Help?
Being injured by a drunk driver can lead to significant physical, emotional, and financial challenges. Working with one of our seasoned car accident attorneys – who will navigate you through the complex legal landscape – will allow you to focus on your recovery while our firm pursues justice for the harm you have suffered.
If you’ve been injured by a drunk driver, contact Shapiro, Washburn & Sharp. We’ll be happy to review your case and see whether or not it might merit punitive damages. We’ll discuss all the elements of proving a punitive damages DUI case with you and determine whether or not your case qualifies.
Call us at 833-997-1774 to schedule a free consultation, and let us help you get the compensation you deserve.