Drunk Driving Accidents Lawyers in Columbia

Obtaining Justice and Fair Compensation For Victims of Drunk Driving Accidents

If you have been injured by a person who was driving under the influence, you may have suffered injuries that have resulted in lost wages, medical bills, and emotional distress. In addition, you probably feel outraged that the drunk driver acted recklessly and without regard for other’s safety.

To make matters worse, the other driver’s insurance company may try to deny liability for the accident, leaving you and your family waiting for compensation.

As a result, many personal injury victims are often unsure where they can turn for help after a drunk driving accident. For these reasons, if you or a family member has been injured in a drunk driving accident, you must hire a Columbia drunk driving accident lawyer who can pursue legal action on your behalf.

Contact The Law Office of Joshua P. Golson, LLC in Columbia, South Carolina, and ask to schedule a free consultation to discuss your case and learn how we can help.

What are the Most Common Injuries Sustained in Drunk Driving Accidents?

Drunk driving accidents can be particularly deadly as, contrary to popular belief, alcohol is a depressant, not a stimulant. Consequently, alcohol severely impairs an individual’s ability to drive, vision, and reflexes. As a result, when an intoxicated person gets behind the wheel, it can result in serious accidents or traffic fatalities.

Due to impaired motor skills and difficulty judging distances, drunk drivers often travel at excessive speeds, making accidents even more dangerous. Other dangerous behaviors that drunk drivers often engage in include:

• Drifting across lanes
• Tailgating
• Failure to obey traffic laws
• Driving erratically
• Falling asleep while operating a motor vehicle

Some of the most commonly reported injuries in drunk driving accidents include:

• Broken bones and fractures
• Soft tissue injuries, including whiplash
• Internal injuries
• Traumatic brain injury (TBI)
• Spinal cord injuries
• Amputations
• Burns

Sadly, all too often, innocent victims lose their lives every year in drunk driving accidents. Family members are often left to try and pick up the pieces of their lives as they deal with their loss and deal with unexpected funeral and burial expenses.

If you have been injured or lost a loved one in a drunk driving accident, contact our Columbia, SC, law office and ask to schedule a consultation with a qualified legal team member who will professionally evaluate your case.

How Do I Prove a Drunk Driver is Liable For My Claim?

If a drunk driver has injured you, you may think it will be easy to recover compensation from the insurance company. However, even if police reports show the at-fault driver had a blood alcohol content over the legal limit, the insurer may be hesitant to pay the claim.

Instead, the insurance provider may want proof that the intoxicated driver was responsible for causing the accident before you can collect on a claim. Often, it comes down to injury victims and their drunk driving accident lawyers having to conduct independent investigations to win personal injury cases.

With the help of a drunk driving attorney, there are several ways to build and strengthen your case, which include:

• Eyewitness testimony
• Photos and videos of the accident scene.
• Surveillance footage
• Dashcam footage
• Testimony from accident reconstruction experts.

If the intoxicated person who caused the accident did not have insurance coverage, you can turn to your uninsured motorist coverage to help pay for expenses. South Carolina law requires motorists to carry liability and uninsured motorist coverage to help pay for damages should the other driver not have insurance or leave the scene of the accident.

If you want more information about how a Columbia drunk driving accident lawyer can assist you with your claim, contact the Law Office of Joshua P. Golson, LLC, to learn more.

Do I Need a Drunk Driving Accident Attorney to Help Me Recover Compensation For Medical Bills?

After a drunk driving accident, it is always best for an injury victim to hire a skilled personal injury attorney who can assist them with their case. Even though the criminal justice system deals with the intoxicated driver, it does not handle civil litigation matters such as recovering financial compensation for the victim.

As a result, accident victims must turn to drunk driving accident attorneys to help them file a claim, especially if the insurance provider is unwilling to negotiate with them.

One of the most crucial aspects of a personal injury claim is the victim’s need to recover financial compensation. South Carolina law allows accident victims to try and recover economic and non-economic damages, also called compensatory damages.

Economic Damages

Economic damages are awarded to repay accident victims for their injury-related out-of-pocket expenses and typically include:

• Past and future medical bills, which often include physical therapy and rehabilitation costs.
• Lost wages
• Loss of earning potential
• Property damage

 Non Economic Damages

Non-economic damages are subjective and are awarded based on the facts of the case and may include:

• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• Loss of consortium
• Permanent disfigurement and scarring

It is important to note that not all drunk driving accident cases are the same, and any compensation that may be recovered may also vary. For this reason, you must choose a lawyer with comprehensive experience handling personal injury cases. Our drunk driving accident lawyers have a proven record of being able to recover significant financial settlements for clients and would be honored to assist you with your case.

How Can Our Family Recover Compensation if Our Loved One Was Killed in a Drunk Driving Accident?

One of the most tragic consequences for families of DUI victims is the loss of their loved ones. Families of wrongful death victims have the legal right to file a wrongful death claim to try and seek compensation.

South Carolina defines wrongful death as a death caused by another person’s negligence, wrongful act, or default. The wrongful act that resulted in the victim’s fatal injuries must have qualified the deceased to have been able to file a personal injury suit had they survived.

Under state law, only the personal representative of the victim’s estate is permitted to file a wrongful death lawsuit. Often, the personal representative is the executor of the deceased’s will. However, if the decedent died without a will, the court may appoint a representative of sound mind and at least 18 years old.

Family members who may be entitled to recover compensation from a wrongful death lawsuit include:

• Surviving spouse
• Children of the deceased
• Surviving parents of the deceased if there is no spouse or children
• Other heirs of the deceased if there is no living spouse, children, or parents

Some of the financial compensation that qualifying family members may be entitled to recover include:

• Reasonable funeral and burial costs
• Loss of earnings that the deceased would have contributed to the family
• Emotional trauma inflicted on family members due to the loss of their loved one
• Loss of the victim’s companionship and support

Finally, the victim’s estate may also be able to seek damages that will pay for medical expenses incurred by the victim due to their fatal accident.

If you have lost a loved one to a drunk driving accident, you want the responsible party held liable for their actions. For this reason, you must speak with a drunk driving attorney immediately. The South Carolina statute of limitations allows families three years from the date of the victim’s death to file a wrongful death lawsuit.

However, time can quickly get away from grieving families, and failing to file a claim within the three-year time limit can cause the case to be thrown out by the court. Once the case is dismissed, families lose all legal recourse to try and recover compensation for damages.

Can I Request Punitive Damages if a Drunk Driver Has Injured Me in South Carolina?

If you have been injured in a DUI accident, you may be able to request punitive damages along with compensatory damages. Unlike compensatory damages awarded to compensate the injured victims for their expenses, punitive damages are meant to punish wrongdoers and warn others not to repeat the same behavior.

In South Carolina, a victim must request punitive damages in a personal injury lawsuit. The injury victim, also called the plaintiff, must present clear and convincing evidence that the defendant is guilty of gross negligence or was reckless to the point of causing injury.

Some of the factors the judge will consider when determining whether a case meets the eligibility requirements to file a punitive claim include:

• The defendant’s blood alcohol content (BAC) at the time of the drunk driving accident.
• The severity of the victim’s injury.
• Any previous convictions on the part of the defendant.

Unlike other states that have caps on punitive damages, South Carolina law states that if the offense involves drugs or alcohol, there is no limit to the damages the plaintiff may receive.

These factors include:

• If the defendant attempted to conceal the fact they were intoxicated. In many instances, defendants have refused to submit to breathalyzer tests, which can indicate their efforts to avoid detection
• The defendant was criminally charged in the case that resulted in the plaintiff’s injuries
• The defendant has prior criminal convictions for DUI offenses
• Whether the plaintiff shares any fault for causing the accident

Determining if your case qualifies for punitive damages can be challenging for those who lack legal training. Instead, DUI accident victims should always hire a knowledgeable drunk driving accident lawyer who can thoroughly review the case and determine if punitive damages are appropriate.

If you are still trying to determine if your case meets South Carolina’s eligibility requirements for a punitive claim, immediately contact the Law Office of Joshua P. Golson, LLC, to schedule a free case evaluation.

What Makes Your Drunk Driving Accident Attorney the Right Choice to Handle My Personal Injury Case?

If you have been injured in a Columbia drunk driving accident, you need an attorney who will fight to ensure that you receive the fair compensation and justice you deserve. Our attorneys recognize the devastating impact drunk drivers have on injury victims. Furthermore, many establishments that serve alcohol may also be held liable if it can be determined they over-served the drunk driver.

The Law Office of Joshua P. Golson, LLC is committed to providing our clients with high-quality legal services in personal injury cases, including:

• Thoroughly investigate the accident
• Identify other evidence, such as video surveillance, bystander videos, and witness statements
• Determine liability issues
• Complete and file all necessary legal and insurance paperwork
• Negotiate a fair settlement on our client’s behalf.
• File a personal injury lawsuit if the insurance company is unwilling to negotiate.

If you have been injured in a Columbia drunk driving accident, contact the Law Office of Joshua P. Golson, LLC, at 803-882-3814 to schedule a free, no-obligation session so that we may discuss your case and determine what legal strategies may suit your legal needs.