Drunk Driving Accident Claims in Virginia at a Glance
- Punitive damages are available. Virginia allows punitive damages against a driver whose blood alcohol concentration was 0.15 or higher, who knew or should have known their driving would be impaired, and whose intoxication caused the injury (Va. Code § 8.01-44.5).
- Refusing a test does not end the inquiry. If the driver unreasonably refused a blood or breath test, punitive damages can still be proven through evidence of intoxication.
- The criminal case and civil case are separate. A DUI prosecution does not pay for your injuries. You pursue compensation through a separate civil claim, although the criminal record can be strong evidence.
- Two-year deadline. Most Virginia drunk driving injury claims must be filed within two years (Va. Code § 8.01-243).
Many car accidents are caused by another motorist’s negligent actions. Careless behavior behind the wheel can include speeding, following someone too closely, or texting instead of watching the road. When a driver gets behind the wheel drunk, however, they put everyone around them in extreme danger.
This blatant disregard for the safety of other people is perhaps the most negligent thing anyone can do in the driver’s seat.
In 2015, over 10,000 people in the U.S. were killed by drunk drivers. That’s one crash every 51 seconds. At Hilton & Somer, LLC, we stand beside people who have been hurt in crashes caused by intoxicated motorists. We also provide compassionate and aggressive legal counsel to families who have lost loved ones in these tragic accidents.
Supporting the Rights of Drunk Driving Accident Victims
Search “drunk driving lawyer,” and you are likely to find many law firms that represent motorists charged with driving while intoxicated. Although everyone is entitled to quality legal representation, our lawyers only represent people who have been injured in drunk driving crashes. We give injury victims a voice, and we make sure that their side of the story is told. Because drunk driving crashes often result in catastrophic injuries, our primary goal is to make sure the clients we serve receive the full amount of compensation they need to completely cover their medical costs and other expenses over their lifetime. This requires a careful and thorough analysis of doctors’ reports, the victim’s estimated lifespan, and several other factors. You get just one opportunity to put your case before a judge or jury. It’s incredibly important to ensure you prove the full extent of your damages, because you won’t get another chance to settle or litigate your case once it is resolved.Wrongful Death Claims
Our Virginia Drunk Driving Attorney will assist families who have lost someone they love in a drunk driving crash. Wrongful death laws vary from state to state, so it’s important for spouses, children, and other next of kin to speak to an attorney as soon as possible to make sure they take the steps necessary to protect their legal rights. Generally, certain family members of the deceased have legal standing to file a civil lawsuit against the person responsible for the wrongful death. In a wrongful death case, the personal representative of the deceased’s estate actually files the lawsuit, with the family members receiving the compensation awarded in the case. In many cases, the personal representative is also a family member. Because these cases also involve the administration of an estate, they can be complicated. If you have lost a family member in a drunk driving accident, protect your rights by speaking to a DUI Attorney Virginia as soon as possible. Money can never replace the person you love, but it can bring much-needed closure, as well as remove the financial burden caused by the accident.Hilton & Somer, LLC: DUI Attorney Virginia
The drunk driving accident attorneys at Hilton & Somer, LLC are strong advocates for people who have been injured in auto accidents caused by drunk drivers. We also represent families grieving the loss of a loved one involved in a drunk driving crash. With offices in Virginia, Maryland, and Washington, D.C., Hilton & Somer, LLC can assist you wherever you are in the greater D.C. region. Call us today to receive your free consultation. It costs nothing to talk to us, and we never charge a fee unless we win money on your behalf. You can reach us through our online contact form, or by calling 703-560-0700.
Areas We Serve
Hilton & Somer is based in Fairfax, Virginia and represents injured clients throughout Northern Virginia, Washington, DC and Maryland, including:
- Northern Virginia: Fairfax, Arlington, Alexandria, Springfield, Manassas, Annandale, McLean, Falls Church, Centreville, Leesburg, Fredericksburg and Charlottesville, plus Fairfax, Loudoun, Prince William, Stafford, Spotsylvania, Fauquier and Culpeper Counties
- District of Columbia: Washington, DC
- Maryland: Bethesda, Silver Spring, Oxon Hill and College Park, plus Montgomery, Prince George’s, Anne Arundel, Howard, Frederick and Washington Counties
Drunk Driving Accident FAQ
Can I get punitive damages from a drunk driver in Virginia?
Yes, in many cases. Virginia law allows punitive damages when the driver had a blood alcohol concentration of 0.15 or higher, knew or should have known they would be impaired, and their intoxication caused the crash. Punitive damages are generally capped at $350,000.
Do I have to wait for the criminal DUI case to finish?
No. Your civil injury claim is separate from the criminal case, and you should not wait to protect your rights. The outcome of the criminal case can still be useful evidence.
What if the drunk driver has minimal insurance?
Underinsured motorist coverage on your own auto policy may help cover damages beyond the drunk driver’s liability limits.
How much does it cost to hire a drunk driving accident lawyer?
Hilton & Somer handles drunk driving injury cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you, and the first consultation is free.
