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Drunk Driver in Long Beach: Personal Injury and Criminal Charges

This legal question related to Automobile accident attorneys in Long BeachCalifornia has been answered.

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My brother's life is at stake after a DUI accident in Long Beach, and I need to know our legal options immediately.

Last month, my brother was seriously injured in an auto accident caused by a drunk driver in Long Beach, CA. The medical bills are piling up, and he hasn't been able to work since the accident. We're considering a personal injury claim, but we're also wondering about the criminal charges the driver might face. I've heard that California has strict DUI laws, but I'm unsure how this plays into our case. Moreover, what kind of attorney should I be looking for, and how can I be sure they're qualified? Lastly, I'd like an idea of what this might cost us.

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8 months ago, Automobile accident attorneys, Atlanta

Legal Solution

The response provided below is specific to Automobile accident attorneys in the jurisdiction of Long Beach. If the response is inadequate, please submit a detailed inquiry.

Initial Analysis of Your Situation

Based on the information you've provided, your brother is entitled to seek compensation for the injuries he suffered in the auto accident caused by the drunk driver. California law allows victims of DUI accidents to file personal injury claims against at-fault drivers. Furthermore, the state can pursue criminal charges against individuals driving under the influence.

Relevant Statutes and Sources

Possible Solutions for Your Issue

  1. Personal Injury Claim: You can file a claim against the driver to cover medical bills, lost wages, and other related expenses. Look for personal injury lawyers experienced in DUI cases.
  2. Criminal Charges: The local prosecutor will determine if criminal charges should be filed against the driver. You can ask a free legal question to know more about the process.

Cost Considerations in Long Beach, CA

Service Average Cost
Initial Consultation $150 - $250
Filing a Personal Injury Claim $2,000 - $5,000
Criminal Court Representation $5,000 - $15,000
Miscellaneous Legal Fees $500 - $2,000

Note: Many attorneys work on a contingency fee for personal injury cases, which means they only get paid if you win the case. Always discuss payment structures upfront.

Additional Information Needed

We could provide a more precise guidance if you could provide more details. Please compare lawyers in your area to determine the best fit for your needs.

Relevant Questions for You

  • Did your brother receive any immediate medical attention, and do you have those medical records?
  • Did the police make a report at the scene of the accident?
  • Do you have any witnesses who saw the accident?

Q1: Can the drunk driver be sued for damages and also face criminal charges?

Yes, the driver can face both a civil lawsuit for damages and criminal charges for driving under the influence. The outcomes of each case are independent of each other.

Q2: If the driver is found not guilty in a criminal trial, can we still win a personal injury lawsuit?

Absolutely. The standards of proof in criminal and civil cases are different. Even if the driver is acquitted in criminal court, you can still succeed in a civil claim.

Q3: How long do I have to file a personal injury lawsuit in California?

You typically have two years from the date of the accident to file a personal injury lawsuit, as per the California statute of limitations.

Q4: What if my brother was partially at fault for the accident?

California follows a "comparative negligence" rule. If your brother is found to be partially at fault, any compensation he might receive will be reduced by his percentage of fault.

Q5: What should we do immediately after the accident?

Ensure medical attention is received, collect evidence from the scene, gather witness information, and consult with a qualified attorney as soon as possible.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "Drunk Driver in Long Beach: Personal Injury and Criminal Charges" has been changed 10 months 1 week ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Long Beach & area of law: Automobile accident attorneys.
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Seeking the counsel of a personal injury attorney is paramount after vehicular accidents resulting in substantial injuries or necessitating long-term medical care. Engaging an adept attorney amplifies your likelihood of securing rightful compensation. Retaining a personal injury attorney immediately post-accident ensures you have an expert advocating for you - someone well-versed in the nuanced legal landscape and critical procedural rules that could profoundly influence your claim.

A lawyer's proficiency in this domain can often be gauged by their litigation success rate, meticulous pre-trial preparation, and adept negotiation prowess with opposing parties. While certain car accident scenarios may entail complexities around insurance coverage limits, seasoned attorneys might use the potential of litigation as leverage. Yet, more often than not, a skilled attorney can broker a settlement without resorting to court. Why engage a car accident attorney? Overlooking this crucial step could culminate in significant financial setbacks, particularly if either party involved in the accident lacks adequate insurance coverage, resulting in the insurance company disputing or denying the claim.

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