Drunk driving is one of the most irresponsible behaviors behind many vehicle accidents, often leading to serious injuries and fatalities that negatively impact many lives. If you or a loved one sustains injuries and other damages because of a drunk driver in or around Henderson, you may be able to recover compensation with the help of our drunk driving accident lawyers.
At Edward Bernstein and Associates, our Henderson drunk driving accident attorneys have years of experience handling car accident cases, including those involving drunk driving.
Why Turn to the Attorneys at Edward Bernstein and Associates
If you want to file a claim or lawsuit against a drunk driver after an accident resulting in injuries and other damages, the legal team at Ed Bernstein and Associates can help you build a successful case. We have over 40 years of experience representing victims of drunk driving accidents and many other types of accidents leading to personal injury and wrongful death.
We provide our clients with personalized representation based on their unique needs, allowing them to spend more time with their families and on their recovery. Additionally, you can easily meet with our attorneys at our office, conveniently located in downtown Henderson. You will find our offices near the intersection of North Stephanie Street and West Warm Springs Road. We can also meet with you virtually if you are unable to visit our offices in person.
Find out what our law firm can do for you when you schedule a free consultation with us today. Our attorneys are ready to review your case and determine what options are available to you regarding compensation.
Types of Recoverable Compensation in Drunk Driving Accident Cases
Victims of drunk driving accidents and their loved ones may be able to recover certain types of damages resulting from the accident. The three main types of damages involved in these cases are economic, non-economic, and punitive. With a better understanding of each type of damage, you may determine what damages factor into your case and the potential settlement amount.
Economic Damages
Victims may sustain various economic or special damages following a drunk driving accident. These damages apply to the financial losses that victims experience, which could include the costs of treating injuries and other calculable expenses.
Examples of economic damages include:
- Medical bills for treating injuries
- Lost income from being unable to work
- Lost earning capacity
- Physical therapy and rehabilitation
- Modifications made to homes or vehicles to accommodate disabilities
- Damage to vehicles and other property
- Funeral expenses and other costs resulting from wrongful death
Non-Economic Damages
Certain non-economic or general damages may also factor into a drunk driving accident case. Unlike economic damages that come with specifically identifiable costs, non-economic damages refer to the pain and suffering victims experience after an accident.
Here are examples of non-economic damages in drunk driving cases:
- Physical pain that victims suffer
- Mental anguish
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
- Loss of consortium (relationship)
- Disfigurement
- In cases involving wrongful death, loved ones may also recover non-economic damages resulting from their loss
Punitive Damages
In addition to compensatory damages, victims of drunk driving accidents may be able to recover punitive damages in extreme cases. A jury may award these damages in a trial if there is enough evidence to show that the drunk driver engaged in gross negligence or intentional misconduct that led to the accident. While cases rarely involve punitive damages, drunk drivers may exhibit behavior that warrants them.
Certain influencing factors could affect the total amount of compensation you are able to recover in a drunk driving accident case, including the severity of your injuries and the extent of liability. The reputable attorneys at Ed Bernstein and Associates may be able to identify and calculate all damages that apply to your case after a drunk driving accident in Henderson.
Why Do Drunk Driving Accidents Occur in Henderson?
Drunk driving is frequent in Henderson, with many DUI accidents occurring in the city every year. These accidents are also often fatal, with recent accident data finding that there were one to seven deaths in impaired driving accidents per year over a six-year period.
While drunk driving is the main contributor to most drunk driving accidents, some intersections in Henderson are more dangerous than others, increasing the risk of an accident with or without the involvement of alcohol and drugs.
A recent report from the Henderson Police Department listed these most dangerous intersections in the Henderson area:
- North Stephanie Street and West Sunset Road
- South Eastern Avenue and St. Rose Parkway
- Marks Street and West Sunset Road
- Coronado Center Drive and St. Rose Parkway
- North Green Valley Parkway and West Warm Springs Road
- South Eastern Avenue and West Horizon Ridge Parkway
- North Stephanie Street and Wigwam Parkway
- West Sunset Road and Whitney Ranch Drive
- South Eastern Avenue and Siena Heights Drive
- East Lake Mead Parkway and North Boulder Highway
Like many other cities, Henderson is also home to many bars and restaurants where staff may overserve customers to the point of dangerous levels of impairment. In these instances, the staff serving the drunk driver may also be liable if the driver causes an accident.
Following a drunk driving accident in Henderson, you have limited time to file a lawsuit. The statute of limitations for accidents resulting from negligence in most cases in Nevada is two years from the accident.
Based on this statute, you have two years to put together your case and begin the claims or legal process before you lose the right to recover compensation. This statute requires you to act fast if you want to succeed with your case.
After a drunk driving accident resulting in injuries or wrongful death, the knowledgeable lawyers at Edward Bernstein and Associates may provide representation and help you file a claim or suit against liable drivers and other parties. We can prepare documentation and evidence to successfully file before the statute of limitations expires.
Types of Drunk Driving Accidents and Injuries
Drunk drivers could cause many types of accidents because of their impaired judgment, reduced reaction times, and potentially more erratic behavior.
Some specific accidents that may involve drunk driving include:
- Head-on crashes. Drunk drivers may get into head-on accidents when drowsy or falling asleep while driving as the vehicle drifts into oncoming traffic. These accidents may also result when a drunk driver misinterprets a traffic signal and gets into a collision with vehicles that have the right of way.
- Rear-end crashes. Drunk drivers also frequently get into rear-end collisions if they fail to stop in time when a vehicle in front slows down or stops, often while tailgating the front vehicle.
- Wrong-way accidents. A drunk driver could also get into an accident if they fail to realize they are heading in the wrong direction on the road.
- Accidents involving pedestrians. If a driver is unable to see clearly or generally remains unaware, they may not see pedestrians crossing the road.
These and other types of drunk driving accidents could cause many serious injuries, including:
- Traumatic brain injuries
- Amputations and other injuries to limbs
- Organ damage
- Spinal cord injuries
- Neck and back injuries
- Soft tissue injuries
- Road rash
- Burns
- Lacerations
Filing a Claim With Insurers
After a drunk driving accident takes place, you may decide to file a claim against the impaired driver’s insurer. During the claims process, insurers would assign an adjuster to discuss your case and negotiate a settlement. While this adjuster may seem helpful in getting compensation, they only work for the insurance company. Insurance carriers want to avoid paying large settlements to accident victims, which is why adjusters and investigators will work to find any reason they can to either reduce your settlement or deny your claim.
Also, the claims process can become complex and confusing, particularly if multiple parties are involved and the nature of the accident is not entirely clear. During negotiations, you may make the wrong statement or inadvertently compromise your case in another way if you go it alone. These risks make it worth speaking with a Henderson drunk driving lawyer to discuss your case and help with negotiations.
Attorneys will be able to prepare statements, negotiate a fair settlement, and help handle all of the aspects of the claims process, giving you more time to focus on your recovery. Even if an initial offer from insurers seems appealing, your lawyer may know that you are entitled to more and continue negotiating until you reach a favorable outcome. The attorneys at Edward Bernstein and Associates have plenty of experience in these matters to help accident victims and their loved ones get full compensation for drunk driving accidents.
What Steps Do You Take After a Drunk Driving Accident in Henderson?
If you want to succeed with a case against an impaired driver and other liable parties, there are key steps to take after a drunk driving accident. Here are some of the main actions to help you progress with your case:
Stick to Your Treatment Plan
One of the main steps after getting treatment is for victims to continue following their treatment plan. Their doctor will likely prescribe medication or other forms of treatment to facilitate a full recovery. By following this plan, you will not only be able to recover more efficiently, but you will also generate documentation, such as medical records, that help you prove that your injuries are as severe as you claim.
However, if you feel that your treatment is not working the way it should and that another treatment may work better, speak with your doctor or seek a second opinion from another medical professional before abandoning your current plan.
Keep Copies of Important Documentation
If you have access to any documents, such as medical receipts, police reports, and photos of injuries or the accident scene, you should hang on to all of this documentation. These materials could serve as invaluable evidence when building a case against a drunk driver. If you cannot get this information on your own, an attorney may be able to help obtain it when putting your case together.
Detail Your Experience in a Journal
While proving non-economic damages like pain and suffering may not be as easy to prove as economic damages that come with direct costs, you may be able to prove these damages with the help of a journal. In this journal, you should write down your thoughts and feelings as you recover, including any pain you are experiencing and psychological distress. In turn, you may be able to show how injuries or the loss of a loved one have affected your life following a drunk driving incident.
Stay off Social Media
Another vital step is avoiding social media while a case is pending. Photos and even text posts could indicate to insurance claim investigators and defense attorneys that your injuries and other damages are not severe, potentially compromising your case. It is in your best interest to avoid social media altogether until you have closed your case and settled it.
With all relevant information in your hands, turn to Ed Bernstein and Associates to get started on a case. We will determine whether we can represent you during the claims or legal process and detail the kind of compensation you may be able to recover. We can also obtain any helpful evidence as needed if you are unable to bring it to us.
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Reach out to Trusted Henderson Drunk Driving Lawyers
Drunk driving accidents are often severe and lead to extensive injuries and deaths that affect victims and their families. The Henderson personal injury attorneys at Edward Bernstein and Associates understand the serious nature of these accidents and the damages they cause, which is why we work hard to give victims of drunk driving accidents the justice they deserve. We have represented victims of all types of vehicle accidents, including those involving drunk driving.
To discover your options regarding compensation after a drunk driving accident, schedule a free consultation with our attorneys by calling our Henderson office at (702) 728-4137, or contact us online.