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How Can a Newport News DUI Accident Lawyer Help You Recover?
When another person injures you while drunk or high behind the wheel, you may have the legal right to pursue compensation. An attorney experienced in DUI litigation can help you achieve justice.
Car accidents caused by drunk or impaired drivers can be catastrophic and can change your life in the blink of an eye. Drugs and alcohol affect a person’s decision-making capacity.
If you or a family member have been injured as a result of a collision with a drunk or otherwise impaired driver–you deserve justice and an attorney who is willing to fight for you. An experienced DUI lawyer can investigate the crash, gather meaningful evidence, and translate your losses into financial terms that the court can award. This can include the funds necessary if you or your family member require lifelong care.
The attorneys at the Smith Law Center have achieved extraordinary results in DUI car accident cases, particularly those involving traumatic brain injuries and spinal cord injuries. Contact our Virginia-based attorneys for representation online or by calling (757) 244-7000. We are standing by to fight for you and your family. We represent individuals in Newport News, the surrounding areas, and even nationwide.
What Can a DUI Lawsuit Settlement Cover?
After a DUI accident, you may require extensive care, may be out of work for some time, or may even worry about how you will ever compensate for the emotional toll the accident has taken on you. A settlement in a DUI lawsuit can cover:
- Economic losses such as lost wages, loss of future income, medical bills, property damage, and more.
- Non-economic losses such as pain and suffering, loss of enjoyment of life, or other intangible harm.
- Wrongful death losses such as funeral costs, and the loss of companionship of your family member.
Because of the nature of DUI cases, punitive damages may also be pursued. Punitive damages are damages awarded by the court to dissuade a certain behavior, or to punish a certain action. Punitive damages are usually granted when an action is especially heinous or malicious. DUI accidents may qualify for these types of damages.
The Smith Law Center is skilled at achieving the maximum settlement for its clients. In total, we have recovered over $1 billion dollars for our clients, including $7.5 million for a woman who suffered a head injury during a car accident in Virginia. The DUI accident lawyers at the Smith Law Center are committed to making sure that you receive the maximum payout that you are entitled to. We understand that these funds will afford you dignified care, and a peaceful healing process.
How Common Are DUI Accidents?
Unfortunately, DUI accidents are fairly common in the United States. DUI statistics from the Federal Bureau of Investigation show that:
- More than 10,000 Americans are killed by drunk or impaired drivers each year.
- There are more arrests made for DUIs or drunk driving than there are for murder, rape, or aggravated assault combined.
- Over 22% of drivers over the age of 21 admit to driving while intoxicated. About 12% of drivers admit to driving while intoxicated on a regular basis.
DUI accidents and the circumstances that create them are far too common. These types of accidents cause thousands of deaths each year and can leave those who have been injured in them feeling helpless. If you or a family member have been injured in an accident like this, filing a lawsuit can help you take back control.
DUI Driving in Virginia–Statistics
Recent statistics show that alcohol-related issues are a major issue in Virginia, including in the Newport News area:
- Virginia had over 200 DUI-related fatalities in one year.
- Preventable alcohol-related fatalities made up about 28% of all driving deaths.
- 78% of drunk drivers had a blood alcohol content (BAC) of 0.15, far above the legal limit of 0.08.
- 100% of drunk drivers involved in fatal accidents were repeat offenders.
Holding drunk drivers accountable for their actions is extremely important. By having the courage to file a DUI accident lawsuit, you are making the statement that negligent behavior will not be tolerated. You are also helping to remove repeat offenders from the roadways, and are possibly even saving lives.
Contact the DUI car accident attorneys at the Smith Law Center online or by calling (757) 244-7000. By taking the steps to file a suit, you can improve your own personal situation as well as hold wrongdoers accountable for their actions.
What Information Does a Drunk Driving Attorney Need?
The more information you can give your DUI accident attorney, the better. Some of the important information that will be helpful to your attorney will include:
- The date and location of the accident so that your attorney can adequately investigate the crash site
- The contact information of everyone involved in the accident including the other driver, passengers, and witnesses if there are any
- The police report that was filed after the accident
- The receipts or bills from any medical care, missed work, or lost wages, expenses related to the damages to your vehicle or vehicle’s repair
Don’t worry if you don’t have this information on hand. It is your attorney’s job to build your case. When you hire a lawyer from the Smith Law Center to represent you, your only job is to heal and focus on your family. Your attorney will do all the work required to build your case and file a lawsuit. This might include filing subpoenas (making a legal demand) to gather information, conducting interviews, and adhering to strict court filing deadlines.
Who Is At Fault In a Drunk Driving Accident?
If you were hit by an intoxicated driver, the driver will almost always bear most of the blame for the accident. However, the opposing counsel may argue that you were partially at fault in order to limit the amount that they have to pay out in a settlement.
It is important to not worry about what the opposing counsel may try and claim. This will be for your lawyer to handle. The attorneys at the Smith Law Center know how to protect you and your reputation and will secure evidence that proves the true cause of the accident. Evidence may include materials or reports that prove the other driver was intoxicated such as: a bartender’s testimony, blood alcohol tests, or police statements.
Even if you think that you may be partially responsible for the accident, that does not prohibit you from recovering financially from the other driver. You may still be entitled to financial compensation even if you have some fault in the accident. Remember that driving while under the influence is illegal and a DUI driver is a lawbreaker. Their actions may have significantly attributed to the accident and to your injuries. Talk to a qualified attorney to learn more about your options.
Contact a Newport News DUI Attorney
Intoxicated and drunk drivers pose a threat to society. Car accidents and truck accidents caused by drunk drivers are simply intolerable. Driving is a privilege and if a drunk driver injures another person on the road, they must be held accountable for their actions.
If you have been injured in a DUI accident your decision to pursue legal action may save the lives of others. By holding negligent drivers responsible for their poor choices and actions, you help make your Newport News community and roadways a safer place to be.
The attorneys at the Smith Law Center have assisted many families and individuals coping with the aftermath of DUI-related car accidents. Our attorneys have helped secure funds that those dealing with catastrophic injuries need to survive and heal. We make sure all of your injuries and all of your losses are considered when calculating a proper payoff–including any long-term effects on an individual’s ability to earn a living in the future.
Contact the Smith Law Center online or by calling (757) 244-7000. We are experienced legal advocates with a track record that speaks for itself. Let us guide you and your family through these difficult times and toward a better tomorrow.
Drunk Driving Accident Lawyer FAQs
Does the other driver need to be found guilty of drunk driving before I file a lawsuit?
No, a criminal charge or conviction is not necessary before bringing a civil lawsuit. For a personal injury case, such as a DUI accident case, we only need to prove a few key elements: that the other driver acted negligently, the other driver caused you harm, and that your injuries cost you time, money, and quality of life.
Is being on prescription pills count as “intoxicated?”
Yes. Driving while affected by legally prescribed prescription medicines can still impair your perception, reaction time, ability to think clearly, or ability to drive. Even over-the-counter medications may still be inappropriate if they are used while driving especially if they are taken incorrectly.
What kind of expert testimony can a lawyer use in a DUI case?
Expert witnesses might include a toxicologist with a background in biology or chemistry. An expert witness like this can establish that the substances found in the driver’s blood would be a detriment to their ability to operate a motor vehicle safely. Other expert witnesses may be called in to testify about the responsibility of the other driver.
Your attorney may want to bring witnesses such as a medical expert who can describe your injuries and explain how those injuries negatively impact your life. A physiologist can testify about the types of physical therapy you might need for health as well as how long it might take your injuries to heal. Financial experts can help calculate the cost of all the medical care you will need.
How long do I have to file a DUI accident lawsuit?
The deadline for filing a DUI accident lawsuit, also known as the statute of limitations, will vary by state. In Newport News, as well as the State of Virginia, the deadline for filing is two years after the accident. It is important to keep that window in mind because if you fail to file, you may miss out on receiving any compensation, no matter how strong your case may be.
Don’t wait! Talk to an attorney from the Smith Law Center today. We can be reached online or by phone at (757) 244-7000. We will make sure to meet those important deadlines on your behalf so you can focus on healing from your injuries.
ABOUT SMITH LAW CENTER
Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.
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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.
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VERDICTS AND SETTLEMENTS
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 Virginia Residents for Over 70 Years
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Your legal questions answered, completely free of charge.
IF WE DON’T WIN, YOU DON’T PAY
There are absolutely no out-of-pocket fees for filing a claim.
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:
- Property damage
- Out-of-pocket expenses
- Medical bills
- Pain and suffering
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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