Drunk Driving Accident Lawyer Virginia Beach
Trusted Drunk Driving Accident Lawyer in Virginia Beach
Preston, Wilson & Crandley, PLC is an experienced personal injury law firm in Virginia Beach, VA, handling all manner of personal injury cases arising from motor vehicle accidents, including accidents involving drunk drivers.
As everyone knows, driving drunk is extremely dangerous, and when an accident is caused by a drunk driver, the consequences can be devastating.
Below is a discussion of the kinds of damages that can be sought in a drunk driving case as well as our process for handling such cases
Claiming Full Scope of Damages
We leave no category of damages unpursued. Our attorneys will fight for all money damages you are entitled to as the victim of a drunk driving accident, including:
- Past and future medical bills
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Punitive damages
Kinds of Damages in Drunk Driving Cases
Past and Future Medical Bills
The injuries caused by a drunk driver often require immediate and long-term medical treatment. We work tirelessly for our clients to recover all medical expenses stemming from the crash, including:
- Emergency response and transport
- Hospitalization
- Surgeries and procedures
- Prescription medications
- Assistive devices like wheelchairs or crutches
- Physical or occupational therapy
- Follow-up appointments and evaluations
We also pursue compensation for all future medical costs due to permanent impairments or other conditions requiring long-term care.
Lost Wages and Reduced Earning Capacity
Many crash victims require extended time off work for recovery, losing out on badly needed income. We account for all lost wages from missing work due to medical treatment or disability resulting from the crash. If injuries decrease your earning potential long-term or permanently, we will seek compensation for the total value of your lost future earnings.
Pain and Suffering
Money can never undo the trauma and grief inflicted by a drunk driver; however, it is all that our legal system allows to compensate a victim for the physical pain and emotional suffering caused by the carelessness of a drunk driver. We fight to get our clients maximum recovery for their pain and suffering resulting from a drunk driving accident.
Emotional Distress
Beyond physical pain and suffering, victims of drunk driving accidents can have significant emotional damage such as:
- Anxiety or depression
- Post-traumatic stress
- Loss of sense of security and wellbeing
- Humiliation from disfigurement
Our drunk driving accident attorneys will fight for the compensation you deserve for the emotional distress caused by a drunk driver.
Loss of Enjoyment of Life
For many clients, drunk driving crash injuries limit participation in activities that bring joy and fulfillment.
Damages for loss of enjoyment of life cover lowered quality of life due to reduced mobility, permanent disability, or pain that prevents victims from participating in the activities that they love.
Our attorneys will fight to recover fair compensation for hobbies, activities, sports, interests, and passions you can no longer fully enjoy because of the drunk driver.
Permanent Disability and Disfigurement
Reduced physical capabilities, mobility impairments, loss of bodily function, or visible disfigurement from scars, burns, or amputation are potential consequences of any car accident, but the likelihood of permanent disability and disfigurement is much greater when a drunk driver is involved.
Our attorneys will fight for the compensation you deserve for any such permanent conditions.
Punitive Damages in Drunk Driving Cases
Punitive damages are a reward of money to an injured person above the injured person’s compensatory damages. Punitive damages are designed to punish the wrongdoer for his or her egregious actions and to serve as an example to prevent others from acting in a similar way.
In personal injury cases arising from car accidents, an injured person can make a successful claim for punitive damages against a drunk driver by either showing that the drunk driver’s conduct satisfied the requirements of the applicable Virginia Code section or by showing that the conduct of the drunk driver was malicious or so wrongful as to constitute willful or wanton conduct evidencing a conscious disregard of the rights of others. To make a claim for punitive damages against a drunk driver under the applicable Virginia Code section, the injured person must prove the following:
- that when the accident causing the injury occurred, the drunk driver had a blood alcohol content of 0.15% or more by weight by volume; and
- that at the time the drunk driver began drinking alcohol, or during the time he or she was drinking alcohol, he or she know or should have known that his or her ability to operate a motor vehicle would be impaired, or when he or she was operating a motor vehicle he or she knew or should have know that his or her ability to operate a motor vehicle was impaired; and
- that the drunk driver’s intoxication was a proximate cause of the claimed injuries. In cases where the drunk driver unlawfully refuses to submit to a test of his or her blood alcohol content, the injured person can make a claim for punitive damages under the applicable Virginia Code section by proving the following:
- that when the accident causing the injury occurred, the drunk driver was intoxicated and unreasonably refused to submit to a test of his or her blood alcohol content; and
- that at the time the drunk driver began drinking alcohol, or during the time he or she was drinking alcohol, he or she knew or should have known that his or her ability to operate a motor vehicle was impaired; and
- that the drunk driver’s intoxication was a proximate cause of the claimed injuries.
If a person is injured due an accident caused by a drunk driver but the circumstances of the accident do not satisfy the elements of the Virginia Code described above, the injured person can make a successful claim for punitive damages against a drunk driver by showing that the conduct of the drunk driver was malicious or so wrongful as to constitute willful or wanton conduct evidencing a conscious disregard of the rights of others. This is known as a common law claim for punitive damages. The Virginia Supreme Court has issued numerous opinions defining what conduct by a drunk driver is necessary for a common law punitive damages claim, and the analysis of such a claim is very fact specific.
No Fees to Pay Upfront
Our drunk driving accident attorneys operate on a contingent fee basis in personal injury cases. This means we do not receive payment for our work until we obtain compensation for your injury. We will discuss our compensation percentage during our initial consultation. This amount, along with any costs we advance in the prosecution of your claim, will be deducted from the payment received from any settlement or judgment. If we do not get you compensation, then there is no fee for our work.
How the Our Process Works
Step One: Schedule a Free Consultation
Our drunk driving accident lawyers look forward to meeting you and working with you to navigate the injury claim process. Please call our office at (757) 486-2700 to schedule a meeting. Our office is conveniently located on Potters Road in Virginia Beach.
Step Two: We Learn About Your Case
During the initial consultation, we will discuss the facts of the accident, the injuries you sustained, the treatment you have undergone, the treatment you expect to undergo in the future, the law governing your claim, the available insurance coverage in your case, and our initial impressions of your case. We encourage you to bring all relevant documentation to your initial consultation with our drunk driving accident attorneys in Virginia Beach, including the following:
- Medical bills and records
- List of witnesses and their contact information
- Information detailing your injuries
- Your insurance information, including both your auto insurance and your health insurance
- Photographs and/or video of the accident scene
- Any dashcam or other video of the accident
- Photographs of any bruising or other injuries you sustained in the accident
Step Three: Our Investigation Begins
Our team will start investigating your claim once we accept your case. We will thoroughly review all of the evidence you provide us, and our lawyers will gather additional evidence, such as:
- Photographs and videos
- Police reports
- Eyewitness testimony
- Your account of the collision
- A journal detailing how your injuries negatively affect your daily life
- Medical records and bills
- The certificate of analysis for the drunk driver’s blood alcohol test
- The police file for the DUI investigation
Step Four: Demand Letter Creation
Once the investigation of your claim has concluded and you have finished your medical treatment for your injuries sustained in the accident, our attorneys will draft a demand letter to the drunk driver’s insurance company describing the facts of the accident, detailing the injuries you sustained, itemizing your medical treatment and bills, quantifying your lost wages, and making a demand for an appropriate settlement figure, including all compensatory and punitive damages you are entitled to.
The insurance company will then either respond with an offer of settlement or a denial of the claim. Hopefully, a negotiated settlement can be reached, but if the insurance company refuses to offer fair compensation for your injuries, or if it denies your claim altogether, a lawsuit will be filed.
Step Five: Heading to Trial
While most drunk driving injury cases are settled either during pre-trial proceedings or prior to the filing of a lawsuit, there are times when going to trial is necessary. If this happens, your case will be decided by a judge or jury.
During a trial, the following things happen:
- Each side presents evidence
- Witnesses are questioned
- The attorneys deliver opening statements and closing arguments
The judge or jury will deliver a verdict once all evidence and argument has been heard.
Read What Our Clients Say
Please take a few moments to read what our clients say about our legal services.
Get Started With a Free Consultation
Contact us to arrange a free consultation with a drunk driving accident lawyer. Here at Preston, Wilson & Crandley, PLC we have the experience and attention to detail necessary to put you in the best position to receive maximum recovery if you have been injured by a drunk driver.
CLIENT TESTIMONIALS
“Throughout the case, John always kept us up to date by letter or phone. He told us exactly where we were and what could and could not be done. He doesn’t build it up. John is a top-notch personal injury lawyer who I have recommended to friends and would recommend to anyone needing a great lawyer.”
“I needed a lawyer for a personal injury case. After I did a lot of internet research, my wife’s lawyer suggested John Crandley Jr. from Preston, Wilson & Crandley. I read through their website and liked their style, so I called John.John’s best two qualities are that he’s direct and knows his craft inside out.”
“The law firm of Preston, Wilson & Crandley handled my case very well. Very professional. I’m very pleased with their service. Anytime I needed to reach them, they were either there for me or called me back immediately. Anytime I needed to know something, they explained it to me very thoroughly, very detailed so that I had a better understanding of it.”
“I was very pleased with the way Preston, Wilson & Crandley handled my case. Their services were excellent from beginning to end — answering all of my questions, helping me through concern and stress, and handling my case correctly. I would absolutely use them again if needed.”