If I win a lawsuit against a DWI driver who injured me, will they go to jail?

It’s a fact that those who drive while impaired (DWI) are often responsible for causing accidents which result in injuries to others. It’s natural for victims who are seriously injured in this way to want justice against the irresponsible DWI driver who hurt them. There are several ways to do this, and after a review of your case during a free consultation, a DWI lawyer can explain your legal options.

DWI Criminal Charges

There is much confusion about DWIs and how the law views drivers who drive while under the influence of alcohol or drugs. A DWI is a criminal charge, and depending on the driver’s criminal history or lack thereof, the consequences of their actions can include prison time as well as significant fines, the loss of their driving privileges, and other forms of punishment. However, it is up to the court and the prosecutor insofar as what charges are brought against the driver, if any, and what their punishment is if found guilty. Though a victim may be invited to provide testimony at a trial as to how the DWI’s actions hurt them, this is often not the case. In reality, the victim has very little to no say about how or if the DWI driver should be punished. That said, if the victim hires a DWI lawyer, the victim may have recourse in the form of a personal injury claim or a civil lawsuit against the driver.

Personal Injury Claim

If a DWI driver injured you, you may have grounds to file a personal injury claim with their insurance company. A DWI lawyer from our firm can do this on your behalf. With our assistance you will increase your chances of a first-time approval of your claim and for the maximum amount of compensation. If the DWI driver does not have insurance, or it is insufficient to cover your damages, you may be eligible to file a civil lawsuit against them.

Civil Lawsuit

When someone sustains significant damages of one kind or another as a result of someone else’s actions or inactions, the victim has the right to file a lawsuit against them in order to recover their damages. With the help of a car accident lawyer Memphis, TN trusts, you may qualify to seek compensation from the person who injured you. We can review your case at no charge and offer our perspective about why we would or would not represent you. Some of the factors that we may take into consideration include:

• The severity of your injury and the associated medical costs. The more serious your injury is, the more important that we represent you to make sure your best interests are protected.
• The police report and other official documentation that supports your case against the DWI driver.
• The total amount of your damages that can be included in your lawsuit.
• Whether or not the DWI driver has assets that can be liquidated to cover your damages.

 

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Thank you to our friend and contributors at Darrell Castle & Associates, PLLC for their insight into car accidents.