(559) 436-0850
Call Us Now
Email Us Now
Being struck by a drunk driver transforms your life in an instant. Beyond the immediate physical pain and property damage, victims often face mounting medical bills, lost income, and emotional trauma that can persist for months or years. While California law provides pathways to compensation for drunk driving accident victims, navigating the legal system while recovering from injuries presents significant challenges. Understanding how a Fresno personal injury lawyer can help you pursue justice and fair compensation is essential for protecting your rights and securing your financial future after a drunk driving accident.
Why Drunk Driving Cases Require Legal Representation
Drunk driving accident cases differ substantially from typical motor vehicle collisions. California Vehicle Code Section 23152 makes it illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, and violations can result in both criminal charges against the driver and civil liability for damages caused. However, the existence of criminal charges doesn’t automatically guarantee you’ll receive fair compensation for your injuries.
Insurance companies often attempt to minimize payouts even in clear-cut cases of drunk driving. They may argue about the extent of your injuries, claim you contributed to the accident, or pressure you to accept a quick settlement before you understand the full scope of your damages. A personal injury attorney serves as your advocate throughout this process, ensuring insurance companies take your claim seriously and compensate you appropriately.
Types of Compensation Available to Drunk Driving Victims
California law allows drunk driving accident victims to pursue several categories of damages:
Economic Damages: These include quantifiable financial losses such as medical expenses (emergency care, surgeries, rehabilitation, ongoing treatment), lost wages from missed work, reduced earning capacity if injuries prevent you from returning to your previous job, property damage to your vehicle, and out-of-pocket expenses related to your recovery.
Non-Economic Damages: These compensate for subjective losses, including pain and suffering, emotional distress, loss of enjoyment of life, disfigurement or scarring, and loss of consortium (impact on relationships with family members).
Punitive Damages: In cases involving drunk driving, California courts may award punitive damages designed to punish the defendant’s reckless behavior and deter similar conduct. According to California Civil Code Section 3294, punitive damages may be available when the defendant acted with oppression, fraud, or malice, criteria that drunk driving often satisfies.
The Legal Process for Drunk Driving Accident Claims
Your attorney will begin by thoroughly investigating the accident, gathering police reports, witness statements, toxicology results, and any available video evidence. This investigation establishes the drunk driver’s liability and documents the full extent of your injuries and losses.
Next, your lawyer will calculate the total value of your claim, accounting for immediate costs and future expenses. This calculation requires understanding both economic losses and appropriate compensation for non-economic damages, an assessment that insurance companies frequently contest.
Your Fresno personal injury attorney then handles all negotiations with insurance companies, protecting you from tactics designed to reduce your settlement. If negotiations don’t result in fair compensation, your lawyer can file a lawsuit and represent you through trial if necessary.
How Nunes Law, Inc. Handles Drunk Driving Accident Cases
At Nunes Law, Inc., we understand the devastating impact drunk driving accidents have on victims and their families. Attorney Frank Nunes brings nearly two decades of experience handling personal injury cases throughout Fresno and California’s Central Valley, including complex drunk driving claims.
Our firm’s dedication to truth and thorough case preparation means we leave no stone unturned in building your claim. We work tirelessly to recover maximum compensation for medical expenses, lost wages, pain and suffering, and other damages you’ve suffered. Throughout your case, we maintain excellent communication, keeping you informed and explaining your options in clear terms so you can make confident decisions about your future.
Taking Action After a Drunk Driving Accident
If you’ve been injured by a drunk driver, time is crucial. California imposes a two-year statute of limitations for most personal injury claims, and critical evidence can disappear as time passes. Additionally, prompt medical attention creates important documentation of your injuries and their connection to the accident.
Document everything related to the accident: take photographs of injuries and vehicle damage, obtain the police report, keep all medical records and bills, and maintain a journal documenting your pain levels and recovery progress. Avoid giving recorded statements to insurance companies before consulting an attorney, as these statements can be used to minimize your claim.
If you’re struggling with injuries or facing resistance from insurance companies after being hit by a drunk driver, contact Nunes Law, Inc. at (559) 206-3783 for a free consultation. We can evaluate your case, explain your legal options, and help you pursue the full compensation you deserve. Don’t let insurance companies take advantage of you during this difficult time. Reach out today to protect your rights and start your path toward justice.
