Phoenix Drunk Driving Accident Lawyer

Phoenix Drunk Driving Accident Attorney

It is illegal to operate a motor vehicle while intoxicated by drugs or alcohol in Arizona, yet driving under the influence (DUI) remains one of the most commonly charged criminal offenses in the state and a leading cause of serious accidents each year.

If you or a loved one suffered harm in such an incident, a Phoenix drunk driving accident lawyer can help you ensure accountability for the driver who injured you.

Representing Victims of Drunk Driving Accidents in Phoenix, AZ

The team at the Bleaman Law Firm, PC, can provide compassionate legal counsel when you need it most following a drunk driving accident in the Phoenix area. Our firm has more than 20 years of experience representing clients throughout the state in a wide range of civil cases, including those arising from acts of illegal misconduct. We will do everything we can to help hold a drunk driver accountable for the harm they have done.

While it’s possible to pursue compensation for your recent accident on your own, having trusted legal counsel on your side is an invaluable asset for several reasons. First, you will not be forced to contend with complex procedural issues as you attempt to manage your medical recovery. Second, you can be sure that your attorney can meet all filing deadlines for you. Finally, you will be more likely to succeed with your case with their help.

You have a relatively short time in which to begin your recovery efforts following a drunk driving accident in Phoenix. The police will likely arrest the drunk driver, and the criminal case from the state will ensure the drunk driver is punished for breaking the law.

However, to ensure you receive appropriate compensation for the losses they inflicted, a civil suit is necessary, and a Phoenix drunk driving accident lawyer can help build the most compelling possible case.

Establishing Liability for a Motor Vehicle Accident in Phoenix

Arizona upholds a fault-based system for resolving motor vehicle accidents. This means whoever is found to be at fault for an accident absorbs liability for the resulting damages. In a drunk driving accident case, the drunk driver bears fault, and while this may seem simple enough to prove, the reality is that you must establish several elements of culpability to successfully recover compensation for your losses.

You will need to identify the driver who caused your accident, prove exactly how they caused it, and then prove all of the damages directly resulting from this incident. The personal injury laws of the state only allow a plaintiff to claim compensation if they suffered actual harm or some type of tangible loss due to another party’s negligence or illegal misconduct. Your Phoenix drunk driving accident lawyer can help gather the evidence needed to establish fault in your case.

A driver breaks the law when they operate a vehicle under the influence of drugs or alcohol, and the penalties they face if convicted in criminal court can include fines, jail time, and driver’s license suspension. These penalties automatically increase when a driver has a record of prior DUI conviction and/or has caused great bodily harm or death in an accident. The state will handle criminal prosecution of the defendant, but it’s up to the victim to file a civil suit.

Recovery Through Auto Insurance

Every driver in Phoenix, Arizona must have auto insurance that meets basic coverage requirements for bodily injury liability and property damage liability. When a driver causes an accident, their insurance coverage will go toward covering the damages they inflicted on others. If another driver has caused an accident with you, filing a claim against their auto insurance policy is typically your first option for recovering your losses.

Once you have established fault for an accident, your Phoenix drunk driving accident lawyer can help you submit your insurance claim to the at-fault driver’s insurance carrier. The insurance carrier will investigate the accident and then deliver their settlement offer. It’s vital to have legal counsel before discussing a settlement with an insurance company, and your attorney can verify that their settlement offer is fair.

Building Your Personal Injury Case for a Drunk Driving Accident in Phoenix, Arizona

An auto insurance claim may cover only a percentage of the total damages you suffered in the accident. Additionally, auto insurance generally only covers vehicle repair costs and medical expenses. You will not be able to recover pain and suffering compensation through an auto insurance claim. However, you can seek compensation for any losses insurance won’t cover through a personal injury suit in Phoenix.

Under the state’s personal injury statutes, it is possible for a plaintiff to recover full repayment of all the economic damages they suffered because of a defendant’s negligence or illegal misconduct. These economic damages include any direct financial losses resulting solely from the defendant’s actions, such as vehicle repair costs, medical expenses, and lost income. It is vital for the plaintiff to remember they can claim compensation for both immediate and future losses.

If you suffered severe injuries, you may not only need immediate treatment but also extensive ongoing care and rehabilitation until you reach maximum medical improvement. The defendant is liable for both the immediate and future medical treatment you need because of the accident they caused. Similarly, you can claim compensation for lost wages and lost future earning capacity if the accident has left you unable to return to work in the future.

In addition to your economic damages, you may also seek compensation for non-economic damages like physical pain, psychological distress, and diminished enjoyment of life resulting from the accident. The state does not place a cap on pain and suffering compensation in motor vehicle accident claims, and there is no specific formula you will need to use to calculate this aspect of your claim. You can seek whatever amount you believe to be reasonable.

It’s possible for pain and suffering to account for the bulk of your total case award if you suffered serious injuries. This is especially true if you were permanently injured; a plaintiff who has suffered any type of catastrophic harm is likely to recover far more pain and suffering compensation than a plaintiff expected to make a full recovery in the short term.

Punitive Damages and Restitution

You may be surprised to learn that your case is more valuable than you initially expected if you have the right Phoenix drunk driving accident lawyer on your side. You are likely able to claim more than you may have expected, but it is also important to understand how the illegal nature of the defendant’s actions may influence your recovery. This could come in the form of punitive damages, awarded in a civil case, or restitution, assigned to a defendant in criminal sentencing.

The state will handle the prosecution of the defendant for breaking the DUI laws of Arizona, and a judge may order the defendant to pay restitution to the victim as an element of their sentence. In the plaintiff’s civil suit against the defendant, a judge may issue punitive damages to the plaintiff to reflect the illegal nature of the defendant’s actions. The amount paid in punitive damages generally reflects the defendant’s overall financial status.

Penalties for drunk driving convictions can increase significantly if the defendant has injured or killed someone. In many cases, causing great bodily harm or death can mean the difference between a misdemeanor or felony conviction. Your Phoenix drunk driving accident lawyer can explain how the criminal case against the defendant from the state could influence your recovery through your civil claim.

How Your Phoenix Drunk Driving Accident Lawyer Can Help

The team at the Bleaman Law Firm, PC, has extensive professional experience handling a wide variety of complex civil claims for clients in Phoenix and the surrounding communities. We know that no two cases are exactly alike and that every victim has unique legal concerns they cannot address on their own.

Whatever your case entails, our firm can provide ongoing support and responsive communication through every phase of your case.

If you have concerns about the potential cost of hiring your Phoenix drunk driving accident lawyer, it should be no cause for alarm when you choose the Bleaman Law Firm, PC, to handle your case. We operate on a contingency fee basis, meaning we only collect a fee from our client if and when we win their case, and the fee is a percentage of the total amount recovered. There is no risk of paying more for legal representation than you win in compensation.

You have a relatively short time in which to file your insurance claim following an accident, and there is a two-year statute of limitations for personal injury claims in the state, beginning on the date your injury occurred. Fault for a drunk driving accident may seem perfectly clear to you, but the formal legal process of establishing fault and holding an at-fault driver accountable can be more challenging than you are prepared to face alone.

Contact the Bleaman Law Firm, PC, today to schedule a free consultation with a Phoenix drunk driving accident lawyer. We can review the details of your recent accident and help develop a cohesive strategy for maximizing your recovery.