Injured by a drunk driver?
Being hit by a DUI driver can turn your life upside down in an instant. While criminal charges may be filed against the intoxicated driver, you have the right to pursue civil action to recover compensation for your injuries and damages. Understanding the process of filing a lawsuit in California can help you protect your rights and secure the compensation you deserve.
Your Rights as a Victim
Under California law, victims of drunk driving accidents have the right to seek both compensatory and punitive damages. Compensatory damages cover direct losses like medical bills, lost wages, and property damage, while punitive damages may be awarded to punish especially reckless behavior like drunk driving.
Time Limits for Filing Your Lawsuit
California has a strict statute of limitations for personal injury cases. You must file your lawsuit within two years of the accident date. Missing this deadline could bar you from recovering compensation, so it’s crucial to begin the legal process as soon as possible after the accident.
Types of Compensation Available
When filing a drunk driving lawsuit in California, you may be eligible to recover:
- Medical expenses (past and future)
- Lost income and reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages
Steps in Filing Your Lawsuit
1. Gather Evidence
Building a strong case starts immediately after the accident. Important evidence includes:
- Police reports documenting the driver’s intoxication
- Medical records detailing your injuries
- Witness statements
- Photos of the accident scene and your injuries
- Blood alcohol test results
- Surveillance footage if available
2. Document Your Damages
Keep detailed records of all accident-related expenses and impacts, including:
- Medical bills and receipts
- Pay stubs showing lost wages
- Vehicle repair estimates
- Documentation of missed work or opportunities
- Notes about how your injuries affect daily life
3. Consider All Potential Defendants
In California, multiple parties may be liable for your injuries, including:
- The drunk driver
- The establishment that served alcohol (under certain circumstances)
- Vehicle owners who knowingly let an intoxicated person drive
- Employers if the drunk driver was on company business
The Role of Insurance Companies
While the drunk driver’s insurance company may offer a quick settlement, these initial offers rarely reflect the full value of your claim. Insurance companies aim to minimize payouts, making it crucial to consult with an attorney before accepting any settlement offers.
Why Legal Representation Matters
Drunk driving cases often involve complex legal issues and substantial damages. An experienced attorney can:
- Evaluate the full extent of your damages
- Identify all potential sources of compensation
- Handle negotiations with insurance companies
- Ensure proper filing of court documents
- Present compelling evidence at trial if necessary
- Protect your rights throughout the legal process
California’s Pure Comparative Negligence System
California follows a pure comparative negligence system, meaning you can recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. An experienced attorney can help minimize any claims of comparative negligence against you.
Criminal vs. Civil Cases
While the drunk driver may face criminal charges, the criminal case is separate from your civil lawsuit. Criminal convictions can strengthen your civil case, but you can still pursue compensation even if criminal charges are reduced or dismissed.
Contact an Attorney Today
If you’ve been injured by a drunk driver in California, don’t wait to seek legal help. The sooner you begin the process, the better your chances of securing full compensation for your injuries. Most personal injury attorneys offer free initial consultations and work on a contingency fee basis, meaning you pay nothing unless they win your case.
Our experienced legal team here at Woolf Legal understands the devastating impact of drunk driving accidents and is committed to helping victims recover the compensation they deserve. Contact us today to discuss your case and learn how we can help protect your rights.