A drunk driving accident can change your life in an instant. If you were the victim of one, a Queens car accident lawyer can help you seek justice.
The lawyers at Chaikin Trial Group Personal Injury Lawyers have over 50 years of combined experience. If you were injured in a crash with a drunk driver, a drunk driving accident lawyer in Queens can help you obtain a fair settlement.
The Role of a Queens Drunk Driving Accident Lawyer
The aftermath of a drunk driving crash can be overwhelming. A Queens personal injury lawyer can step in and help by:
- Investigating the accident: We can review police reports, witness statements, surveillance footage, and other evidence to determine how the collision occurred.
- Calculating damages: We can evaluate both your current and future losses and calculate your claim’s value.
- Negotiating with insurance companies: We can manage conversations with insurance adjusters and pursue a settlement that reflects the full extent of your losses.
- Filing a lawsuit: We can take your case to court and represent you there if a fair settlement cannot be reached.
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What Types of Compensation are Available?
As a victim of a drunk driving accident, you may be entitled to recover compensation for both economic and non-economic damages, such as:
- Medical expenses: You can recover costs related to emergency treatment, hospitalization, surgery, medication, and rehabilitation.
- Future medical care: You can seek compensation for anticipated long-term treatment and ongoing healthcare needs.
- Lost wages: You can recover income you lost while recovering from the crash.
- Reduced earning capacity: You can pursue damages if your injuries affect your ability to earn income in the future.
- Property damage: You can obtain compensation for vehicle repairs or replacement.
- Pain and suffering: You can seek damages for physical pain and discomfort caused by the accident.
- Emotional distress: You can recover compensation for anxiety, depression, PTSD, and other psychological effects of the crash.
- Loss of enjoyment of life: You can pursue additional damages if your injuries limit your ability to participate in activities you once enjoyed.
- Disfigurement and scarring: You can seek compensation for permanent physical changes resulting from the crash.
- Punitive damages: You can potentially recover additional damages intended to punish particularly reckless conduct from the other driver.
A Queens drunk driving accident lawyer can help make sure all of your losses are included in your claim.
How Long Do You Have to File a Claim in New York?
According to NY CPLR § 214, you generally have three years from the date of a drunk driving accident to file a personal injury lawsuit in New York. If you don’t file before this statute of limitations expires, you will most likely lose the right to pursue compensation.
A different filing deadline may apply if your case involves a minor, a government entity, or the delayed discovery of injuries. Our Queens drunk driving accident lawyers can help make sure you file on time.
How is Liability Determined?
To recover compensation after a drunk driving accident, you must demonstrate that the impaired driver’s negligence caused the crash.
Evidence that can help you do so may include:
- Police accident reports
- DUI arrest records
- Breathalyzer test results
- Blood alcohol testing records
- Dashcam footage
- Surveillance video
- Witness testimony
- Expert accident reconstruction analysis
- Vehicle damage reports
- Medical records
A Queens drunk driving victim lawyer can help gather evidence to prove that the other driver was liable for your accident.
What If You Were Partially at Fault?
New York follows a pure comparative negligence system. This means that you can recover compensation for an accident as long as you are not 100% at fault for it. However, if you share liability, your compensation will be reduced by your percentage of fault.
For example, if you are found to be 60% at fault and your damages total $100,000, your award would be reduced to $40,000.
Common Injuries in Drunk Driving Crashes
Drunk driving accidents can cause life-changing injuries, such as:
- Traumatic brain injuries
- Concussions
- Spinal cord injuries
- Back injuries
- Neck injuries
- Whiplash
- Broken bones
- Organ damage
- Severe lacerations
- Burns
- Facial injuries
- Amputations
What to Do After a Drunk Driving Accident
The actions you take after a car accident will affect the strength of your injury claim. You should:
- Call 911 and file a crash report.
- Document the accident scene with photos or videos (if it is safe to do so).
- Obtain contact information from witnesses.
- Visit a doctor, even if your injuries seem minor.
- Report the accident to your insurance company, but avoid discussing fault.
- Keep records of all of your medical expenses, vehicle repairs, and other losses.
- Consult an attorney as soon as possible.
Contact a Drunk Driving Accident Attorney in Queens
When someone who’s impaired gets behind the wheel, the consequences can be devastating. If you or someone you loved was hit by a drunk driver, a Queens drunk driving accident attorney from Chaikin Trial Group Personal Injury Lawyers can gather evidence that supports your claim and fight for the compensation you need to move forward.
Schedule a free consultation to find out how you can pursue justice.
