Understanding Civil Justice Process for DUI Victims
Understanding the civil justice process for DUI victims is crucial for those seeking financial restitution. The civil justice process for DUI victims encompasses various steps and procedures that victims need to navigate in addition to the criminal justice system. By comprehending the intricacies of this process, victims can effectively pursue their rights and seek compensation for the damages caused.
In Arizona, the Arizona Criminal Justice Commission supports the civil justice process for DUI victims the Arizona Criminal Justice Commission administers the Arizona Crime Victim Compensation Fund. This fund serves as a valuable resource for victims, providing financial support to assist them in their recovery journey. The maximum award available through this fund for any single crime is $25,000. This substantial amount can help cover a range of expenses, including medical bills, mental health counseling, lost wages, funeral costs, travel expenses, crime scene clean-up, and unforeseen emergencies.
To initiate the civil justice process for DUI victims, individuals need to apply to the board in the county where the crime took place. This step ensures that victims are connected with the appropriate resources and assistance they need throughout their legal journey. By understanding the application process and working with the relevant board, victims can effectively navigate the civil justice system and maximize their chances of obtaining the financial restitution they deserve.
However, you may want to seek other forms of compensation. The civil justice process for DUI victims may help victims receive additional compensation not covered by state compensation and restitution. This is where a lawsuit in the civil justice process may provide more complete compensation. It is important to note that the civil justice process for DUI victims may be time consuming and emotionally draining. It may also take years to come to a conclusion, if it isn’t handled by an experienced attorney. At Phoenix Accident and Injury Law Firm in Phoenix, we work to settle your case in the least amount of time, with the least amount of effort from you, and we get you the best settlement possible.
The injury attorneys at Phoenix Accident and Injury Law Firm in Phoenix have significant experience in helping clients who want to go through the civil justice process for DUI victims. If you need help filing a claim for one of these awful, life changing accidents, we are here to help you get the compensation you deserve. Our offices are conveniently located in Chandler, Peoria, and North Phoenix, and we can meet in-person or over the phone or video call. You can contact us for a free consultation, or read on to find out more.
By the way, we will also help with other problems that have cost you sleep, like getting a rental car very soon and finding a nearby doctor or psychiatrist who can help get your life back on track. Even the best legal team isn’t good enough if your quality of life isn’t sustainable while justice and compensation are on the way. The whole point of legal action is to regain quality of life, so we help you long-term as attorneys and short-term as your go-to people. Our familiarity with the local Phoenix courts makes us confident that we can help you get the best settlement possible.
If you are unsure whether or not you can afford an attorney, don’t worry. We only get paid when you settle. Check out our Attorney Fees Calculator to find out more.
The Civil Justice System: Civil Justice Process for DUI Victims
The civil justice process for DUI victims plays a crucial role in determining liability and seeking financial compensation for the injuries sustained due to a crime. Unlike the criminal justice system, which focuses on establishing the guilt or innocence of an offender, the civil justice system aims to ascertain the responsibility of the offender for the damages caused. In civil cases, if the defendant is found liable, they are typically required to provide monetary damages to the victim or their family. In cases involving impaired driving, victims have the option to pursue a civil justice case against the responsible impaired driver and their insurance company.
In addition, a third party may be named in the suit. The third party can be a restaurant, bar, or liquor store that sold alcohol to a driver who was involved in a crash. Other third parties may include individuals who were aware the driver was intoxicated or the company/employer in the case of the driver using a company vehicle.
Even if a defendant was found not guilty in a criminal proceeding, they can still be found to be negligent through a civil justice trial. That is because the basis of guilt is different. In a criminal case, the judge or jury must be convinced beyond a reasonable doubt. In a civil case, the judge or jury must be convinced by a preponderance of the evidence or by clear and convincing evidence.
Before Filing A Suit: Civil Justice Process for DUI Victims
If you are considering filing a civil suit, you should speak to an attorney as soon as possible—even during the proceedings of a criminal case. The earlier you hire an attorney, the easier it will be for them to gather information on the case. If we are your attorneys, we can help represent you in both your civil and criminal cases. Whether or not you choose to file a civil suit, your insurance company and the insurance company of the defendant will be working to settle the case.
While insurance companies are required by law to negotiate settlement of cases in good faith, their settlement offers may not be in your best interest. Having an attorney to advocate for you with the insurance company is in your best interest as the attorney has experience navigating these types of situations. Even if you choose to not hire an attorney for a civil suit and believe the settlement offer is fair, it is a smart idea to have an attorney review the settlement and release. You need to know what you are agreeing to when accepting the insurance company’s settlement offer.
When you sign the release, you sign away any claims against the other party forever. If you are only dealing with property damage where the market value of your vehicle is easily determined, it is often not necessary to begin civil proceedings. When personal injury is involved, however, the case becomes much more complex. Do not settle with the insurance company or sign an agreement or release unless you are absolutely certain all costs are covered and that you understand the terms and conditions. If you choose to file a civil suit, your attorney will manage all of the issues with the insurance companies. You will not have to speak to the adjustor as your attorney will handle that.
As you deal with the emotional consequences associated with being in an accident with an impaired driver, it may feel overwhelming to look for an attorney to start civil litigation. It may be worthwhile to ask a family member or friend for support in finding an attorney and helping you navigate this process.
The Impact of Bankruptcy on Individuals Involved in the Civil Justice Process for DUI Victims
Understanding the impact of bankruptcy on individuals involved in the civil justice process for DUI victims is crucial. Bankruptcy can have significant implications on one’s financial and legal standing, especially in the aftermath of a DUI incident.
If the defendant was driving under the influence, your attorney may advise you to not file a civil suit with the reasoning that the defendant may file bankruptcy to avoid paying you. That may or may not be true. Bankruptcy falls under federal law, and changes have recently occurred to ensure that DUI cases are not protected by filing chapters 7 and 13 of the Federal Bankruptcy Code.
If you file a civil suit—and win—and then the defendant moves to file bankruptcy, the bankruptcy judge may not discharge the claim arising out of the incident. That means the defendant will still owe you on the judgment, regardless if the bankruptcy is allowed. Be aware that you may have difficulty collecting. However, secondary and third-party defendants who have been found responsible may still file corporate bankruptcy under chapter 11.
Filing a Lawsuit in the Civil Justice System
If you feel that there is a possibility that the offender has significant income or assets that may be available to cover your losses, and the liability insurance company has not offered an acceptable settlement, you might choose to file a wrongful death or personal injury suit.
To file a lawsuit in the civil justice system, a complaint must be submitted to the court. The complaint document describes the claims, complaints, and facts of the case. In a civil justice case with a drunk driver, the defendant is the driver or a third party that is alleged to be responsible in part for the incident.
Following filing of the complaint with the court, the defendant(s) has a set amount of time in which to respond to it. This is called an answer and it outlines the defendant’s version of events. Either party can request that the case be dismissed altogether or that certain claims or defenses be dismissed in part.
During the civil justice process for DUI accident, either party may request information from the other party for pertinent documents or information pertaining to the case. This is called the discovery phase. During the civil discovery, facts and circumstances are investigated, witnesses are interviewed, pertinent documents are obtained, and witnesses are questioned under oath.
Information is collected during the discovery process through interrogatories, or questions sent to the opposing party, and a deposition, which is a formal proceeding in which attorneys question the other party. The transcription from a deposition can be used at trial when needed. If the case is not settled during these initial stages, it will proceed to trial. Most of the time, as with criminal cases, civil justice cases are settled out of court.
Seek Assistance for the Civil Justice Process for DUI Victims
At Phoenix Accident and Injury Law Firm near you, we have more than 15 years of experience helping clients for civil justice process for DUI victims in the Phoenix area. When you’re ready to talk, please contact our office to arrange a free initial consultation by phone or at our Chandler office, conveniently located near you.
If you have been in a DUI accident, contact Phoenix Accident and Injury Law Firm in nearby Chandler, AZ to speak with an experienced personal injury attorney. We provide personal injury legal services to clients in your area including Chandler, Gilbert, Mesa, Scottsdale, Tempe, and Peoria.
