When a bar, restaurant, or any establishment serves alcohol to a person who is already intoxicated, they become liable to the drunk driver’s victims.

It’s called a “dram shop action,” and it should be a part of any lawsuit on behalf of a drunk driving victim when evidence is found that documents where the drunk driver was served before the crash, how much alcohol they were served, and whether they were served alcohol despite being intoxicated.

The Boles Law Firm focuses on helping motorcycle crash victims, DUI crash victims, police misconduct victims, and people who are accused of crimes. We also handle other types of personal injury claims and auto accidents.

We have extensive experience and a documented track record of success in obtaining settlements or verdicts on behalf of personal injury clients, including both motorcycle crash victims and drunk driving crash victims, and including wrongful death actions filed by the personal representative of the victims’ estates.

It is possible to get restitution from a defendant in criminal court, but this is not a substitute for a DUI crash or wrongful death lawsuit.

Restitution is rarely paid in full, and any amount that is paid will most likely be paid in monthly installments, based on the defendant’s income, through a probation officer after they are released from jail or prison.

A settlement or verdict in a wrongful death or personal injury lawsuit, on the other hand, will usually be paid in full by the defendants’ insurance companies, and the defendant will be required to pay the full range of damages available under SC civil law.

After a DUI crash in Greenville, SC, you are entitled to recover full and fair compensation for each category of damages that were proximately caused by the defendant’s negligence, including:

• Medical expenses – both current and future expenses, including hospital bills, doctor bills, emergency transport, medications, medical equipment, physical rehab, and all medical costs that were a result of the accident,
• Lost wages – lost income due to the injuries and loss of future income when there is a lost earning capacity due to disability caused by the crash,
• Property damage – to the motorcycle or any other property that was damaged,
• Future care – including the costs of long-term care when needed,
• Disfigurement and scarring,
• Funeral expenses when there is a wrongful death,
• Pain and suffering,
• Emotional distress,
• Loss of society and companionship,
• Loss of consortium, and
• Punitive damages when the at-fault driver’s conduct was willful, wanton, or reckless – and there is no cap on punitive damages in SC when the at-fault driver was intoxicated at the time of the crash.

When a defendant’s conduct was wanton, willful, or reckless, the crash victim is entitled to punitive damages as well as compensatory damages.

This applies to most DUI crashes – the defendant made a choice to drink alcohol or get high before getting behind the wheel, and that negligent act resulted in an innocent victim’s injuries or death.

Not only are punitive damages likely to be awarded by jurors, but, if the defendant was convicted of a felony related to the collision (felony DUI or DUI fourth offense, for example) or if they were drunk at the time of the crash, there is no cap on punitive damages in SC.

When a drunk driver kills an innocent victim, that is a “wrongful death.” The crash victim’s estate is entitled to recover damages as if the victim were still alive, and the victim’s family is entitled to recover damages for the loss of their loved one.

Dan Boles has the experience you will need to handle the wrongful death claim after a drunk driving death, including automobile crashes and motorcycle wrecks.