Mission Viejo Drunk Driving Accident Lawyer
Mission Viejo Drunk Driving Accident Attorney
Restitution is a principle enshrined in law. If you’ve been the victim of a drunk driver in Mission Viejo, CA, you are due that restitution. The insurance company may push back, but that’s what we at the Law Offices of Steven Zwick are here for. We are ready to stand by you as you seek to get what is lawfully yours. We can investigate your accident and the full circumstances around it to demonstrate the fault of the drunk driver. We can negotiate on your behalf with the insurance companies to reach a settlement that covers what you deserve. If all else fails, we can help make your case before the court. We are ready to seek the restitution you are due.
Use Caution
If you’ve been injured in a car accident, you can’t be too careful in how you discuss it. Obviously, you should tell the police everything they need to know and answer their questions honestly. Similarly, giving your lawyer as much information about the case as you can will help your claim. However, beyond those parties, you will want to be careful about how you discuss the situation. In particular, you must be cautious when talking to any insurance agents involved. A dollar paid out to you is a dollar taken off of their bottom line. They will be looking to use any that could be construed as an admission of guilt against you, so be careful how you speak with them.
Who Is At Fault?
Fault in these cases is determined by the law under which the case falls. Car accidents, even DUIs, fall under the personal injury law. That law requires that negligence by the defendant be proven before damages can be awarded. Proving negligence requires that it be proven that the defendant had a duty to care, breached that duty, and as a result of that breach, caused the injuries that you sustained. A large part of what we can do to help your case is put together the argument that demonstrates this dynamic, as that’s what shows fault. Through fault, damages can then be awarded.
Damages Owed
When the defendant has been proven to be at fault, you can be awarded damages. What are and aren’t appropriate damages is another topic that will have to be argued before the court if it gets that far. With our years of experience handling these kinds of cases, we can help you understand all the expenses that we will want to include in the claim. We can also help you understand some of the more challenging calculations, like lost future earnings or how to value pain and suffering. While we can’t give you much in the way of specifics regarding damages until we’ve had a chance to look at your case, we can tell you that damages are typically paid out as belonging to two categories:
- Economic damages are meant to address things like the physical damage to your vehicle, medical bills, lost wages, and lost future income if your injuries won’t allow you to return to your career. If it’s the kind of thing that can be easily quantified through a bill, appraisal, or other financial statement, then it will be considered economic damages.
- Non-economic damages are paid out to cover things like pain and suffering, a loss of enjoyment in life, and mental anguish. If you can show that your injuries have caused you this type of diminishment to your life, then you will likely see that addressed in the non-economic damages.
Drunk Driving Accident Lawyer FAQs
Q: Should I Hire a Lawyer if I’m Hit by a Drunk Driver in Mission Viejo, California?
A: A lawyer can give you a much better chance of getting what you deserve after a drunk driving case than if you didn’t have one. An experienced lawyer can help you navigate the difficulty of working with insurance companies for a possible settlement. If a settlement can’t be reached, a good lawyer can give you a great chance to win your case in court. Before all that, in order to negotiate from a position of strength and to be prepared for a possible claim, a lawyer can investigate your accident and help account for your losses. If you want a consequential chance at getting what’s owed to you, then contact the Law Offices of Steven Zwick today.
Q: Can Anyone Other Than the Driver be Found Liable for the Drunk Driving Accident
A: In theory, it is possible for a few others besides the driver to be held liable in a drunk driving accident. In practice, these instances are far and few between. However, there have been cases where an entity like someone’s employer has been held liable. For the most part, though, California law steers the overwhelming majority of liability to the driver. Even bars can only be sued for over-serving intoxicated minors.
Q: Does the Other Driver’s Insurance Cover My Expenses in an Accident if They Were Intoxicated?
A: The other drivers’ insurance should cover those expenses. That, after all, is the reason insurance is required by law. The reality, though, is that insurance will often resist paying out those expenses. That is why it’s beneficial to have a lawyer negotiate on your behalf and be ready to take them to court if an agreement can’t be reached.
Q: What Counts as Drunk Driving in California?
A: In California, a blood alcohol concentration level is typically used to determine whether or not a driver is under the influence. There are a few thresholds above which a driver can get charged with a DUI. They are:
- 0.08% for those over 21
- 0.04% for those operating a commercial vehicle or on DUI probation
- 0.00% for those under 21
You Deserve Restitution, and Our Team Can Help You Get It
Restitution after an injury is built on one of the basic principles of human decency: if you harm someone, it’s up to you to make it up to them. The reason it’s enshrined in civil law is because civilization crumbles without the idea. Unfortunately, though, you may have to fight to get human decency acknowledged. What’s fair to you is often fought against by the insurance company that is meant to guarantee restitution. You don’t, though, have to stand up to them alone. At the Law Offices of Steven Zwick, we are ready to help you stand up for what is owed to you under human decency. Contact us to take a look at your case today.
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