An immediate investigation is critical in an alcohol-related accident primarily because evidence disappears quickly. If a person is in a bar or restaurant, there might be video footage that gets erased or destroyed after a few days (sometimes as long as 30 days). It’s important to obtain that type of evidence as quickly as possible. In order to prove cases, we typically have to rely upon other patrons or the person who is doing the serving, and if we wait too long, then their memories will fade and they will not be able to provide accurate information. For these reasons, we are very interested in investigating these cases as soon as we possibly can. As soon as we are notified by a person that they want to retain our services, we will want to investigate immediately.
Can i Seek Punitive Damages as Well in a Dram Shop Case?
Yes, you can seek punitive damages in dram shop cases. If we can prove that the conduct of someone who was involved in the case was particularly egregious or outrageous, then punitive damages can be awarded. It’s a little bit tricky because punitive damages typically are not covered by the insurance policies that bars and establishments have. However, there are other ways to pursue- and hopefully collect- punitive damages.
Does The Criminal Action Against a Drunk Driver Have to be Completed Before a Civil Action Can be Filed? Does One Have Anything to do With The other?
The criminal action against a drunk driver does not have to be completed before a civil action can be filed. There is no need and no reason to wait for the criminal case to be completed because sometimes those cases can take quite a while. There is a constitutional right in a criminal case to a speedy trial, but typically those cases are postponed and that right is waived. Sometimes it takes a year or two in order for a criminal case to be completed, and obviously, we would not want to wait that long before pursuing a civil case. One does have something to do with the other in the sense that if a person has been convicted in a criminal case of behaving in a certain way, then that evidence is easily provable in a civil case. We just have to prove that they were convicted or pled guilty to a particular crime and that the elements of those crimes have been proven to the satisfaction of a civil case as well.
If a person is convicted for an incident that involved behavior which might be connected to having too much to drink, then that is helpful in a civil case but it typically is not the be-all and end-all. It doesn’t necessarily mean that they do not have potential defenses. Once the criminal case is over, the person has been convicted or pled guilty and yet they can still raise certain defenses.
Why is it Critical to Hire an Attorney Having Specific Experience in Handling Alcohol-Related Cases?
Without the help of an attorney, it’s very difficult to understand the law and the procedures, and it is difficult to know what sort of claims can be pursued and what sort of damages can be pursued. You need an experienced attorney to guide you through those things. These are complicated cases. They are typically very hard for even an experienced attorney to handle. It’s virtually impossible for a person without an attorney to be successful.
What Sets You And Your Firm Apart in Handling Dram Shop And Alcohol-Related Cases?
My firm is set apart from the rest in that we have a significant amount of experience. We’ve been handling these types of cases for decades, and we’ve been very successful in recovering substantial damages for clients. We know where to look, what evidence to look for, how to prove the case and how to try the case if necessary. Because of that, most of our cases settle out of court. Insurance companies and defendants know our reputation and know that we are ready, willing and able to go to trial. When you deal with our law firm, you will deal with me or my law partner; we don’t have young associates or people who are learning on the job. You will have two attorneys who give personal attention to your case and who have decades’ worth of experience.
For more information on Investigation In A Dram Shop Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 1-844-334-6654 today.