West Virginia Distracted Driving Accidents Lawyers
In 2014, 431,000 people were injured in accidents involving distracted drivers. While the incidence of distracted driving accidents has decreased across the country with stricter laws and better enforcement, too many people still choose to get behind the wheel after they have been drinking. This negligent action can result in catastrophic injury accidents that may result in the deaths of others or cause others to suffer permanent disabilities.
When a person is seriously injured or killed by a drunk driver, we at Jan Dils Attorneys at Law will fight aggressively for our client to receive the maximum monetary amount possible so that they can be fairly compensated.
Parallel proceedings and distracted driving accidents
In most drunk driving cases, the driver will be criminally prosecuted for drinking and driving as well as injuring or killing others. Some people believe they should wait for the criminal cases against the drivers to end. Criminal prosecutions can take several years, however.
The law recognizes that people who are the victims of drunk drivers should be able to seek monetary compensation. Consequently, people are able to file civil personal injury or wrongful death lawsuits while the criminal matters against the drunk drivers are still pending.
Reasons why filing the civil case early is important
Civil personal injury and wrongful death lawsuits are subject to statutes of limitations. This is a deadline within which a lawsuit must be filed or the victims will be forever barred from filing and seeking compensation. In West Virginia, the statute of limitations is two years. Other reasons to file early is that doing so will give the civil attorney more time to conduct their investigation and build the case for their clients while the evidence is fresh.
Finally, civil personal injury and wrongful death lawsuits proceed under a lower burden of proof than criminal matters do. Criminal cases must be proved by the prosecution beyond a reasonable doubt. Civil cases, by contrast, of a burden of proof that is lower and is by a preponderance of the evidence. This difference in the required proof means that plaintiffs may be able to recover monetary damages through their civil cases even if the defendants are found not guilty in their corollary criminal proceedings.
At Jan Dils Attorneys at Law, we understand how devastating it can be when a drunk driver collides with victims. We all get to work immediately in order to help our clients receive fair compensation for the losses they have suffered by holding the defendants responsible for their wrongful actions.
To make an appointment, call toll free, 1.877.526.3457, or send us an e-mail.