Las Vegas is famous as a party city. But that doesn’t mean drunk driving is ever acceptable. When motorists choose to get into a car after drinking, they put others who share the road at risk for severe injuries and death. When that happens, you need a car accident lawyer. And it happens a lot—almost one third of all traffic fatalities in Nevada involve alcohol. Contact our Las Vegas Drunk Driving Lawyers for help. Those who suffer severe injuries at the hands of a drunk driver lose income from missing work while medical bills accumulate, adding financial burden to the physical pain of injury and healing. If you have been harmed by a drunk driver in the Las Vegas area, Nevada law permits you to sue for losses incurred as a result of the accident and injuries as long as you take legal action within two years.
The skilled legal team at Benson & Bingham is here to help you fight for the compensation you deserve. If you live in the Las Vegas area, call (702) 382-9797 for a free case evaluation to discuss the details of your drunk driving accident and determine the best path forward for your circumstances.
The award-winning personal injury attorneys at Benson & Bingham have years of experience in the negotiation, settlement, and litigation of cases for injured Nevadans, including those harmed by drunk drivers. The firm’s resolute commitment to client service and has led to the recovery of more than $165 million in settlements and court-awarded damages for injured clients.
Recent case results include $1,000,000 and $165,000 for clients injured in DUI accidents as well as multi-million dollar settlements and verdicts for clients injured in other types of traffic accidents. These results are only examples and do not guarantee an outcome for your case; however, the dedicated legal team at Benson & Bingham aggressively pursues the best results possible in every drunk driving accident case. Act now, contact Benson & Bingham before its too late.
Serious drunk driving accidents lead to severe injuries that require immediate medical attention. Those who are lucky enough to live through a catastrophic drunk driving accident might suffer one or more of the following injuries:
When a drunk driver causes an accident and injury, victims have a legal right to seek damages in civil court. Nevada, like most states, entitles victims of someone else’s wrongdoing to recover compensatory damages. Punitive damages, typically reserved for intentional harm and gross negligence to punish the defendant, are rare. Yet, depending on the circumstances of the drunk driving accident, a court might award them.
If you bring a personal injury lawsuit against the drunk driver who caused you harm, you might receive compensation for the following economic and non-economic damages in a settlement or as a result of court-awarded damages:
If you have lost a child or loved one in a drunk driving accident, you might be eligible to receive compensation depending on your relationship with the victim. An attorney can advise you about whether you can bring a wrongful death suit against the drunk driver who caused the death of your family member. Eligible survivors might recover one or more of the previously listed damages, funeral and burial expenses, and other non-economic damages specific to the survivor’s relationship to the victim.
You should immediately report your drunk driving accident to your insurance company and file a claim with the drunk driver’s carrier. You could resolve your claim without filing a lawsuit, especially if you get an attorney involved. Nevada law gives you two years to bring a lawsuit if you choose to sue the driver. Courts strictly adhere to the statute of limitations, so it’s unlikely a court will hear your case beyond the two-year limit.
You are financially responsible for your medical expenses after a traffic accident. Any compensation you receive from a settlement or court-awarded damages reimburses you for the bills you’ve paid. Resolving your accident case takes time, so you likely will have unpaid medical bills. Standard practice is for your attorney to pay your unpaid medical bills from any compensation you receive and give the balance to you.
Beware if you choose to avoid paying your medical expenses until the insurance company resolves the claim. Your healthcare provider might send you to collections, which can ruin your credit. Make sure you communicate your situation to your providers and pay your bills to the best of your ability. You don’t want to let the drunk driver who caused you harm ruin your credit too!
If you receive a settlement from the insurance company or your case goes to trial and the court rules in your favor, you can receive compensation to recover a wide array of damages related to your injuries.
Damages that Nevada courts commonly award include compensation for:
Drunk driving accident cases in Nevada often include punitive damages, which are intended to deter the defendant from future drunk driving and punish them for their negligence. Nevada law clearly states, “where the defendant caused an injury by the operation of a motor vehicle…or after willfully consuming or using alcohol or another substance, knowing that the defendant would thereafter operate the motor vehicle, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant.”
Nevada does not cap the amount of punitive damages for Las Vegas drunk driving accident claims.
Violating the law and injuring another person are two separate actions that have two separate legal processes with two different outcomes. Not all drunk drivers face criminal charges. Those who do face fines and other penalties if a jury finds them guilty beyond a reasonable doubt. Drunk drivers who injure others open themselves up to financial liability for damages related to injuries. Civil juries assess the extent to which a defendant acted with negligence. A verdict in favor of the plaintiff only requires that the majority of the jury finds the defendant was negligent based on a preponderance of the evidence.
Many states have dram shop laws that hold businesses who serve alcohol liable when a drunk driver causes an accident. Nevada is not one of them. In fact, Nevada law explicitly grants immunity to third party liability for a drunk driving accident in most cases.
The law does, however, enforce responsibility in limited situations, which include:
Even in these situations, the law protects businesses by restricting liability to when the above occurs outside the course of business or employment. Social hosts who serve alcohol to a minor under age 21 also open themselves up to liability if the minor causes a drunk driving accident. Your drunk driving accident attorney will evaluate the details of your case and determine the best course of action for your individual circumstances, including who you should name in a lawsuit.
The vast majority of traffic accident cases, including those involving drunk drivers, settle long before going to trial. Court costs are expensive and both sides prefer to avoid them. Yet, sometimes insurance companies refuse to offer fair compensation for injuries or disputes about liability makes it impossible to reach an agreement. In these situations, your lawyer likely needs to litigate your case, which means you may need to testify in court.
The experienced car accident lawyers at Benson & Bingham understands the challenges their clients sometimes face after a serious drunk driving accident. In addition to free consultations, we also take cases on a contingency fee basis, only collecting attorney fees from compensation we secure for you. Our team can investigate your accident and uncover relevant facts to build a strong case against the drunk driver who harmed you or your loved one, giving you the chance to focus on healing and recovery.
If you or your loved one has suffered injuries in a Las Vegas drunk driving accident, contact Benson & Bingham online or call (702) 382-9797 to hire a qualified drunk driving accident attorney who can advocate for you to get the compensation you deserve.