The dangers of driving while under the influence of alcohol or drugs is a well understood and highly illegal crime across the country. Despite this, around 28 people every day are killed in car accidents that involve a drug or alcohol impaired driver, and many more are severely and sometimes permanently injured.
However, it’s an unfortunate reality that many innocent victims of impaired drivers don’t receive the compensation they deserve in the aftermath of this type of incident. This is often because the victim has been denied compensation by the offending driver’s insurance company and the victim doesn’t understand that their rights have been violated.
In this scenario, the services of a personal injury attorney that regularly handles driving under the influence cases is a smart decision. If you are a victim of a car crash that was caused by an impaired driver or one of your loved ones has been injured or killed by an impaired driver, here are four common questions that are asked about the legal process.
- What If I Can’t Afford an Attorney?
Most personal injury attorneys operate on a no-win, no-fee basis. Instead of you paying for your lawyer’s services at the beginning of the legal process, he or she will deduct the payment fees from your compensation payout at the end of the process. If they don’t secure a payment for you, then no fee will apply. The Jaklitsch Law Group with NEVER charge any fees unless we first win your case.
For obvious reasons, taking on cases with no likelihood of reaching a compensation payout is a waste of time for both client and lawyer. Your personal injury attorney will establish the veracity of your case and whether compensation is warranted during an initial consultation with you.
- Can I Still File a Claim if the Accident Was a Long Time Ago?
In every state across the country, the law provides what is called a statute of limitations for insurance claims to be made. This is the time limit that victims have to make claims, after which the claim will almost always be immediately dismissed from court. In Maryland, the statute of limitations for motor vehicle accidents is three years from the date of the crash.
The statute of limitations only requires that the initial complaint is filed within the three year period. Any further legal proceedings can extend for longer, so you don’t need to worry if the legal process takes longer than you expected after you file the claim. But…don’t wait to contact a top quality personal injury lawyer.
- Do I Still Have a Case if the Impaired Driver Was Killed in the Accident?
Even if the impaired driver who caused the accident was killed, you still should have legal recourse to compensation from their insurance company. Your personal injury lawyer will be able to advise you if this compensation is a possibility and whether a claim is likely to be successful in this situation.
If making a compensation claim against the driver isn’t possible due to their death or for any other reason, such as lack of insurance, you may still have recourse to compensation. Call a top personal injury attorney as soon as the injury occurs.
- How Much Will The Compensation Amount Be?
There is no set amount for compensation claims. This is certainly true of car accidents that involve a driver that was impaired by drugs or alcohol. The compensation amount in these cases is determined by the judge or jury once your claim has been through the court system. In some cases, your personal injury lawyer may be able to make a satisfactory out-of-court settlement with the insurance company.
The judge or jury will consider a number of factors when deciding on a suitable amount of compensation. This will include medical costs and lost wages already incurred and future costs, damage to your motor vehicle and whether the accident has affected your ability to be employed in the future.
Another factor is the pain and suffering you have been caused as a result of the accident. This aspect of compensation is highly subjective and the amount can vary dramatically from case to case. The amount is likely to be higher if there has been severe, long-term injuries or wrongful death caused by the driver. A seasoned personal injury attorney will know the trial value of your case.
If you or a loved one has been involved in a car crash that involved a driver impaired by drugs or alcohol, then contact the trained and professional team at The Jaklitsch Law Group. Our helpful and highly experienced personal injury lawyers will be able to help you to navigate the intricacies of compensation law and work to get you the best possible outcome in your case. And remember, there is NEVER an attorney fee until after we win your case.
