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How Can a Hampton DUI Accident Lawyer Help You Recover?

When another driver injures you while drunk or high behind the wheel, you may have a legal claim for compensation. An experienced attorney can ensure that the actual costs of your losses are covered, not just what insurance companies offer.

Car accidents caused by someone driving under the influence (DUI) can be devastating. Because drugs and alcohol affect a person’s decision-making capacity, the speeds and actions of drunk DUI drivers can cause specific types of destruction that would not have occurred with a sober individual behind the wheel.

If you and your family have suffered due to the disastrous actions of a drunk driver, you deserve justice. An experienced DUI accident lawyer can investigate the crash, and help translate your losses into financial terms the court can award, including the funds needed for long-term or life-long care.

At the Smith Law Center, our lawyers have achieved significant results in car accident cases, especially those involving traumatic brain or spinal cord injuries. Contact our attorneys for representation online or by calling (757) 244-7000. Located in Hampton, Virginia, we represent individuals in surrounding states and nationwide, delivering sometimes record-setting results that can greatly improve the quality of your future.

A view from behind a distracted driver holding a green beer bottle as he approaches another car stopped at an intersection.

What Can a DUI Accident Lawsuit Settlement Cover?

DUI car accident lawsuit settlements can cover:

  • Economic losses like hospital costs, lost wages, and property damage — amounts often shown by literal receipts
  • Non-economic losses such as pain and suffering, loss of enjoyment of life, or loss of relationship health in a marriage strained by the accident
  • Wrongful death losses such as funeral costs and the irreplaceable love and companionship of the person who passed

The Smith Law Center has recovered over 1 billion dollars for our clients over the years, including a record-setting $7.5 million to a woman who suffered a brain injury during a car accident in Virginia. 

We will do everything in our power to ensure you receive the maximum payout you’re entitled to — funds that may help afford dignified care and financial stability for the rest of your life.

How Common Are DUI Accidents?

DUI statistics gathered from national databases and Federal Bureau of Investigation (FBI) reports show that: 

  • More than 10,000 Americans are killed by drunk drivers each year, especially around the holidays
  • Drunk driving arrests are higher than arrests made for violent crimes like murder, rape, and aggravated assault combined 
  • Over 22% of drivers over age 21 admit to intoxicated driving, with 12% saying they do so regularly

The numbers show that DUI accidents and the circumstances that create them are far too common, causing thousands of preventable deaths each year. For those injured and the family members of those lost to such needless tragedy, a lawsuit can help you take back control. 

DUI Driving in Virginia — Statistics

Recent alcohol-impaired driving statistics in Virginia show that in one year:

  • Virginia had over 200 DUI-related fatalities
  • Preventable alcohol-related fatalities made up over 28% of overall driving deaths
  • 76% of drunk drivers had a blood-alcohol level of over 0.15, far above the legal limit of 0.08
  • Over 20,000 drivers were arrested for driving under the influence
  • 100% of the drunk drivers involved in fatal accidents were repeat offenders

By holding drunk and intoxicated drivers responsible, you help remove potential repeat offenders from the roads in Hampton, possibly saving lives.

By pursuing a DUI accident lawsuit, you can improve your personal prospects and help prevent future accidents. Contact the Smith Law Center at (757) 244-7000 to take legal action today.

What Information Does a Drunk Driving Accident Attorney Need?

Here is some of the most important information it would be helpful to have when beginning a DUI lawsuit:

  • Date and location of the accident so the scene can be investigated by your attorney
  • Contact information including the names of drivers, passengers, and witnesses if there were any
  • The police report that was filed on the accident
  • Insurance information for yourself and the other driver if known
  • Receipts for any medical care, missed work or wages, or tows and vehicle costs related to the accident (including renting or buying alternate transportation)

If you do not have some or any of this information readily available, that is perfectly okay. It’s an attorney’s job to build a legal case, not yours. Your lawyer can gather all of the information required to file a lawsuit, including subpoenaing (legally demanding) information that might otherwise be inaccessible to you. Examples include personal details about the driver who hit you, or security footage from nearby businesses.

Who Is at Fault in a Drunk Driving Accident? 

A drunk driver will almost always bear some fault for any accident they are involved in. However, their insurance company or defense lawyers may argue that you were partially at fault if they can. This is done in an attempt to lessen the responsibility of their client.

Do not worry about what opposing counsel may try to claim. Your attorney from the Smith Law Center can protect you and your reputation by securing evidence that shows the true cause of the accident. This may include evidence of intoxication of the other driver like a bar tender’s testimony, their blood-alcohol content, or police statements.

If you feel that you may be found partially responsible for an accident, that does not mean that you aren’t still entitled to compensation for your injuries. At the end of the day, a DUI driver is a law-breaker, and their actions may have caused or contributed significantly to all that you have suffered from the crash. Do not count yourself out of justice before speaking with a qualified attorney regarding your options.

Contact a Hampton DUI Accident Attorney

Car and truck accidents caused by intoxicated driving are unacceptable. Driving is dangerous enough with unavoidable hazards like inclement weather and crashes like rear-end accidents — to drive while drunk or under the influence of drugs is to behave with a disturbing disregard for human life. 

If you have suffered due to a DUI accident, your decision to stand up for your rights and seek compensation could help save others. By holding negligent drivers responsible for their harmful actions, you help make the roads safer for your entire community.

The attorneys at Smith Law Center have helped individuals and families coping with catastrophic injuries secure the funds they need to survive and heal. We will ensure that all of your losses are considered, including any long-term effects on a person’s future ability to earn a living or maintain independence. Reach out to us online or by calling (757) 244-7000 for the proven, experienced legal advocate your family deserves to see you through these difficult times to a better tomorrow.


Drunk Driving Accident Lawyer FAQs

Does the other driver need to be found guilty of drunk driving before I can file a lawsuit?

No, a criminal charge or conviction is not necessary before bringing a civil lawsuit. For a civil personal injury claim between you and the driver who hit you, all we need to prove a few key elements: first that they were negligent, second that they caused you harm, and third that your injuries cost you in money, time, or quality of life. 

Criminal cases are about police, prosecutors, and law enforcement; civil cases are about you and your specific needs.

Is being on prescription drugs considered “under the influence”?

Yes, driving while affected by legal prescription drugs that affect a person’s perception, reaction times, or suitability to drive may be considered a DUI case. Doctor-prescribed or over-the-counter drugs may still be inappropriate or illegal to use while driving, especially if they are intentionally abused for a high, or taken incorrectly by accident.

What kind of expert testimony can a lawyer use in DUI accident cases?

Expert witnesses may be called in to testify about the responsibility of the other driver. One example would be a toxicologist with credentials in biology and chemistry. A toxicologist can establish that the substances found in the driver’s blood would have a negative effect on their ability to operate a vehicle safely. 

Other witnesses may be brought in on your behalf as well, such as medical experts who can describe what the injuries did to your ability to live your life. A physiologist can testify about the kind of physical therapy you’ll need to heal, and the length of time such healing is likely to take. Financial experts can help calculate the cost of the care you’ll need, and the effects of inflation on the cost of that care going forward.

How long do I have to file a DUI accident lawsuit?

The deadline for filing a DUI accident case varies from state to state. In Hampton and throughout Virginia, the deadline is two years from the date of the accident. If you miss that window, you may lose your chance to receive any compensation, no matter how strong your case would have been. 

Do not delay in speaking with an attorney from the Smith Law Center. We can be reached online or by calling (757) 244-7000. We will keep track of and meet important deadlines on your behalf, removing that worry from your mind so you can prioritize healing in peace.


Award to School Librarian for Mild Traumatic Brain Injury in Auto Wreck

Awarded: $4,750,000.00

Summary: HAMPTON, Virginia – Company pays $4,750,000.00 to school librarian for mild traumatic brain injury in auto wreck.

Proudly Serving Hampton, VA for Over 70 Years


Award to School Librarian for Mild Traumatic Brain Injury in Auto Wreck

Awarded: $4,750,000.00

Summary: HAMPTON, Virginia – Company pays $4,750,000.00 to school librarian for mild traumatic brain injury in auto wreck.

Proudly Serving Hampton, VA for Over 70 Years

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If you or a relative had a severe reaction to military housing mold, it might be time to talk with a toxic mold lawyer. Mold is everywhere, and can be dangerous. Researchers have linked mold to serious respiratory illnesses in some individuals.

Smith Law Center may be able to help if a property owner failed to keep you safe from mold in your military housing. We are one of Virginia’s oldest and most successful firms. We know how to hold negligent property owners responsible, especially when the military is involved.

Call us at (757) 244-700 or contact us online to set up a free consultation. There’s no fee for learning more about Virginia mold laws, your rights, and your legal options.

Mold in Military Housing

Black mold in military housing became widely known when Reuters published an investigation in 2018. Since then, the Department of Defense and the housing providers were supposed to take steps to improve the situation.

Unfortunately, a 2020 audit by the DoD Office of Inspector General found many issues, including the need for mold remediation, still persist.

Monetary Awards in Military Housing Toxic Mold Cases

If the property owner lets toxic mold run wild and continue to cause you harm, talk with our toxic mold attorneys about filing a lawsuit.

You may receive financial compensation for:

Service members and their families do not receive different types of damages than civilians. These are civil lawsuits in traditional courts of law.

Military Housing Mold Toxicity Symptoms

The Institute of Medicine discovered there was evidence connecting exposure to indoor mold with:

  • Upper respiratory tract symptoms;
  • Coughing;
  • Wheezing;
  • Asthma symptoms in individuals with asthma; and
  • Hypersensitivity pneumonitis in individuals with weak immune systems.

There is also limited evidence that mold causes respiratory illnesses in healthy children or causes people to develop asthma.

Understanding Exposure to Toxic Mold in Military Housing

The topic of toxic mold is complicated. This Is in part because the term “toxic mold” isn’t accurate. The U.S. Centers for Disease Control and Prevention (CDC) explains mold isn’t toxic or poisonous. However, some molds are toxigenic, which means they produce toxins called mycotoxins.

Mold is common in military housing because it’ll grow anywhere there’s moisture. That includes on and inside walls, carpet, upholstery, wallpaper, and heating and air conditioning systems. This is especially pronounced in humid conditions such as those present in Virginia.

Some people have no difficulties around mold, even large infestations in their homes. Other individuals are sensitive to molds, including those that produce mycotoxins. Someone can have a severe reaction when exposed to a large amount of mold indoors.

People may be more likely to experience mold toxicity symptoms if they have:

  • Allergies,
  • An underlying lung disease,
  • Immune suppression,
  • Chronic obstructive pulmonary disorder,
  • Asthma, or
  • Another chronic respiratory disease.

Common Types of Military Housing Mold

When you’re trying to learn more from the CDC and other resources, you’ll see the word “fungus” a lot. Mold is a type of fungus, which is something that exists all around us. Fungi are living organisms different from animals, plants, and bacteria. There are over 200,000 types of fungi and over 100,000 types of molds.

If you discovered mold in your military housing, it could be Cladosporium, Penicillium, Stachybotrys chartarum, Aspergillus, or many other types. Stachybotrys is what everyone knows as black mold. Aspergillus is a common indoor fungus, which releases mycotoxins and can cause illness. Your symptoms may resemble common allergy or asthma symptoms.

Who is Liable for Military Housing Mold?

Since 1996, most military housing has come under the management of private companies:

  • Belfour Beatty Communities: Fort Eustis and Fort Story/li>
  • Lincoln Military Housing: Dahlgren, Little Creek, Naval Station Norfolk, Northwest Annex, Oceana, Portsmouth, Quantico, and Yorktown/li>
  • Hunt Military Communities: Fort Lee and Langley AFB

Outside of Virginia, Lendlease and Corvias Military Living are two more housing providers. Together, these five companies formed the Military Housing Association.

Military families living in on-base housing must take their complaints to their private management company — not the military. The company is responsible for providing habitable conditions and making repairs, including mold remediation.

If you’re unsure about your rights, review your state law and local ordinances about mold. In general, it’s the landlord’s responsibility to provide a habitable unit, which means it has to be safe to live in. A unit isn’t safe if it’s causing a tenant health issues due to mold.

The Virginia Residential Landlord and Tenant Act requires landlords to disclose if there’s mold in the written report of the move-in inspection. If a tenant discovers visible mold in the unit, then the Act requires the landlord to remove the mold and relocate the tenant until it’s gone at no additional cost to the tenant.

Unfortunately, many families find their housing providers aren’t receptive to complaints. Attorney Stephen M. Smith has handled many mold lawsuits against military housing providers who fail to abide by their lease terms and the law when it comes to mold remediation and other hazards.

Other Hazards in Military Housing

Many service members and their families deal with uncomfortable, if not hazardous, conditions in privatized military housing, including:

Lead Paint: Lead-based paint can cause headaches, nausea, fatigue, irritability, behavioral problems, learning disabilities, seizures, organ damage, and in extreme cases, death.

Asbestos: Exposure to asbestos harms a person’s lungs, and can lead to lung fibrosis (scarring), lung cancer, and mesothelioma.

Radon: Radon is the second leading cause of lung cancer after smoking. It naturally forms underground, however cracks and gaps in buildings lead to over-exposure indoors.

Poor Water Quality: Dozens of military sites have water with detectable levels of harmful chemicals.

Other issues involve rodent or insect infestations, pesticides, and faulty electrical wiring.

What Happens When a Lot of People Get Sick?

Sometimes mold exposure impacts a single individual or family. However, when the mold spreads throughout military housing, it can impact hundreds or thousands of people.

Occasionally, a large enough group of people are injured to allow for a class action or mass tort lawsuit. A class action lawsuit is one where a class representative acts as the plaintiff on behalf of the group of hurt individuals. Not every victim participates in the lawsuit. There are rules about when a group is big and similar enough to create a class action.

Mass tort lawsuits are different. When there are fewer plaintiffs who have their own set of circumstances, each person files a lawsuit. For efficiency’s sake, one or a couple of law firms may represent most plaintiffs, and the lawsuits are consolidated in a federal court.

Call the Military Housing Mold Lawyers at Smith Law Center for Help Right Away

Mold cases come about in a few ways. You or a loved one may start getting sick, and after weeks or months of struggling to find answers, you finally realize your military housing has a mold infestation. In other cases, you struggle with visible mold and then become ill.

Once you connect the illness with the mold, it’s time to talk with a toxic mold lawyer. Reaching out to an attorney early helps you build a strong compensation claim. We know how to collect evidence, identify who is liable, and craft a successful argument for a settlement or court award.

Attorney Stephen M. Smith has decades of experience handling injury claims and has been internationally recognized for his work. He has litigated cases involving catastrophic injuries and complex legal and scientific issues. In 2019, he was inducted into the Virginia Lawyers Hall of Fame.

You’re in good hands when you come to Smith Law Center for help. Reach out online or call (757) 244-7000 to schedule your 100% free consultation.

Military Housing Mold Lawsuits: FAQs

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