Driving under the influence reduces a driver’s ability to react to traffic, often leading to dangerous or fatal accidents. Though drunk drivers may face criminal charges and penalties, the harm you have suffered because of another’s poor decision should not be overlooked. If a drunk driver causes an accident that injures you, a Roxbury drunk driving car accident lawyer could help you seek justice through civil litigation.
Car accident injuries could require expensive medical care or surgery and could drastically change your quality of life. Fortunately, victims of drunk drivers do not have to fight for their rights alone. Though navigating the legal system can be confusing, a knowledgeable car wreck attorney could assist with filing a claim, quantifying damages, and presenting a strong case to the court.
While all car accident victims may be able to seek damages, there may be unique damages available for those injured in a drunk driving accident. An experienced Roxbury drunk driving car accident attorney could help explain the different damages an individual plaintiff could potentially recover.
Individuals injured in car accidents, including those involving drunk driving, could seek both economic and non-economic damages. Economic damages are generally more objective and have a clear economic value. Roxbury plaintiffs typically seek damages for the costs associated with a drunk driving accident, such as lost wages, medical bills, or property damage.
Non-economic damages, on the other hand, may not have a definite value. It may be difficult to place a value on pain and suffering or the loss of a spouse. However, a diligent drunk driving car accident lawyer in Roxbury could help determine fair compensation by reviewing similar cases or researching the impact of injury on a plaintiff’s life.
However, non-economic damages may come with limits. Massachusetts General Laws ch. 231, §60H sets a cap for such compensation at $500,000. However, in cases of significant extenuating circumstances, such as permanent paralysis or disfigurement, this cap could be raised.
The court may choose to award additional damages in drunk driving accidents. Punitive damages are generally reserved for situations that display a shocking disregard for reasonable care, which may include driving under the influence of alcohol. Punitive damages may be awarded at the discretion of the court to punish an offending driver or deter similar action.
Massachusetts operates under a modified comparative negligence standard. Under this law, an injured person may still recover injury-related damages even if they bear partial responsibility for their accident. If an injured person is less than 51 percent at fault, they are eligible to seek damages.
However, the percentage of fault assigned may reduce the total value of damages. For example, an individual found 15 percent at fault for an accident would see their damage award reduced by 15 percent. Parties who bear responsibility for 51 percent or more of an accident, however, would be barred from recovery.
To sum up comparative negligence, the party who bears the most responsibility cannot seek damage from the less responsible party. Roxbury individuals who are unsure of their responsibility may wish to connect with a drunk driving accident attorney to discuss the details of their accident.
Navigating the legal landscape surrounding a drunk driving accident can be confusing, but fortunately, there is professional help available for situations like yours. A Roxbury drunk driving car accident lawyer could dedicate themselves to helping you fight for a positive resolution to your case
In addition to assisting with filing a claim, a car accident attorney could provide assistance with evidence collection, insight into local and state statutes, and support throughout the entire legal process. Call today to discuss your case and begin building towards a positive outcome.