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DUI Accidents and Civil Litigation


If you are injured in an accident that was caused by someone who was under the influence of alcohol or drugs, the at-fault driver will likely be facing criminal charges for driving while intoxicated.

If you find yourself in this situation, you can assume that the state is pressing DUI charges against the drunk or drugged driver that hurt you.

As the criminal case proceeds in the courts against the at-fault driver, you’ll be faced with questions like, “Who will pay my medical bills?” and “Can I sue the drunk driver even if he or she is sent to jail?”

These are valid questions and you deserve answers. To help you better understand these circumstances, we are going to explain the difference between criminal and civil court cases.

Criminal Cases vs. Civil Cases

If a drunk or drugged driver is involved in an accident that caused bodily injuries to someone else, such as another driver, a passenger, a pedestrian, bicyclist, or motorcyclist, the at-fault driver will likely be accused of intoxication assault – a criminal charge.

It is not the victim’s job to go to court and file DUI charges against the drunk driver, state prosecutors handle the filing of criminal charges in cooperation with local law enforcement. If the DUI defendant is found guilty, he or she faces fines, incarceration, and license suspension, etc.

With DUI cases in particular, there is often a victim. When a victim is injured in a DUI accident, he or she has the right to file a civil case or lawsuit against the drunk or drugged driver.

Civil lawsuits are separate from criminal actions, meaning a DUI victim can file a personal injury lawsuit while the criminal action is proceeding through the courts.

When someone is injured in a DUI accident, the injured (also known as the plaintiff) can hire a personal injury attorney to file a claim for compensation. Such compensation would be to cover the victim’s losses, including:

  • Ambulance Bills
  • Hospital Bills
  • Medical Bills
  • Lost Income
  • Pain and Suffering
  • Property Damage to Vehicle

At Berthold Law Firm, PLLC, we believe DUI accident victims deserve to be compensated for their losses. We can’t even imagine the tremendous frustration and anger you must feel after suffering an injury due to the carelessness of another individual. We understand that no amount of compensation can make up for the extent of your injuries, but we hope it can help you and your loved ones move forward after this tragic incident.

File A Claim With Our Charleston Injury Attorney

If you were injured in a DUI accident, our Charleston car accident attorney is deeply invested in providing you the skilled representation you need to get the compensation you deserve. To learn more about your rights and the time limit for filing a claim, call (304) 605-2040 to schedule a consultation today.