Being injured by a drunk driver can be incredibly expensive. From the initial medical bills to lost wages, the costs can quickly add up to thousands of dollars, and that doesn't include the pain and suffering a victim endures for days, weeks, months or years. If you're dealing with this, don't despair. With the help of an experienced DWI injury attorney like those at Cap & Kudler, you may be able to file suit and recover the compensation you need to pay your expenses.
How a Cap & Kudler Attorney Can Help
Provide Sound Legal Advice
The success of your personal injury case is tied to the decisions you make throughout the process. Our lawyers have spent decades in the legal industry and know how to react to just about any situation. Whenever you face a difficult choice, we will be there to advise you.
Handle the Paperwork Burden
DWI lawsuits involve a lot of paperwork, from filing the initial suit to requesting medical records. We have the skill and experience to handle it for even the most complex cases and make sure everything is filled out accurately and filed on time.
Negotiate With the Other Party's Insurance Company
Early in your case, the other party's insurance company will most likely offer a settlement. It is rarely advisable to accept the initial offer, because the value can often be improved through negotiation. Our attorneys have spent years negotiating with Nevada insurance companies and understand how to get them to increase their offers.
Proving Negligence in Nevada DWI Cases
To recover compensation in most personal injury cases, the plaintiff must show the defendant behaved negligently and that this negligence caused the injury. DWI cases work a little differently. Driving under the influence violates state law, so an injured person usually does not need to spend as much time proving negligence. Violation of the drunk driving statute is generally treated as evidence of negligence as a matter of law (negligence per se).
Common Injuries in Nevada DWI Accidents
- Burns
- Soft tissue injuries
- Bone fractures
- Amputations
- Facial disfigurement
- Spinal cord injuries
- Traumatic brain injuries
Compensation in Nevada DWI Lawsuits
Compensation is usually closely tied to the extent of the victim's injuries. The more serious and life-altering the injuries, the larger the recovery is likely to be. Most DWI payouts include compensation for several of the following:
- Initial medical expenses
- Ongoing care costs, including future care
- Past and future pain and suffering
- Mental anguish
- Loss of wages
- Loss of future earning capacity
- Punitive damages pursuant to statute
- Loss of consortium
Statute of Limitations in Nevada DWI Injury Cases
The statute of limitations for drunk driving accidents in Nevada is generally two years. The clock begins on the day of the crash, or on the day the victim first discovers the injuries. Lawsuits filed after the window closes will almost certainly be dismissed. We can review your case, tell you your deadline, and make sure your suit is filed on time.
DWI Injury FAQs
What grounds do I have for a lawsuit if I am injured in a DWI accident?
You have the right to file a personal injury claim against anyone responsible. You can sue the driver as well as any third party who shares responsibility. Under Nevada law, a lawsuit may be based on negligence, negligence per se, negligent entrustment or wrongful death.
Who can I sue?
You can sue the intoxicated driver, but you may also be able to sue third parties depending on the circumstances. If someone knowingly allowed an intoxicated person to drive their vehicle, you may be able to sue that person. You may have a claim against a car manufacturer if faulty parts contributed to the crash, and a government entity could be partly responsible if the roadway, signs or signals were a factor. A qualified DWI accident attorney can investigate who may be liable.
How much compensation can I expect?
There is no definitive answer. The amount depends on the extent of your injuries, property damage, medical costs, lost wages and other factors specific to your case.
Are claims involving a drunk driver easier to prove?
In general, negligence is easier to prove in a DWI case. If the defendant is convicted of a Nevada DWI offense for the same accident, that conviction generally holds up as proof of negligence. You then need to show that your own negligence, if any, was less than the drunk driver's and that your injuries resulted from the accident. You can also win a civil claim even if the driver is not convicted of criminal charges, because the requirements for criminal guilt and civil liability are different.
A Nevada DWI Attorney You Can Count On
When you need an experienced lawyer to fight for compensation after a drunk driving accident, turn to Cap & Kudler. Contact us online or call (702) 878-8778 to set up a free consultation.
This page is for informational purposes only and does not constitute legal advice. Every case is different, and you should consult a qualified attorney regarding your specific situation.
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