You may be wondering if you can file a lawsuit against a negligent party if you get injured on their premises. In most cases, you can. However, are the rules still the same if you were under the effects of alcohol when you injured yourself?
Slip and fall accidents are fairly common if the victims are drunk. During the investigation, it will become obvious that the injured party had been drinking. But does this affect whether they can successfully file a lawsuit against the property owner?
Let’s explore whether it’s possible to file a lawsuit for catastrophic injuries suffered under the effects of alcohol.
Catastrophic Injuries Under the Influence
It is not a surprise to anyone that drunk people are likely to get injured. However, sometimes these injuries are so serious that the victims will take weeks or months to recover. This means they will lose out on their salaries and may be financially devastated due to their condition.
Some catastrophic injuries include head trauma, spinal cord injuries, etc. However, the problem arises when these injuries can be partially the victim’s fault. In slip-and-fall accidents, the victim’s story is not fully credible until an investigation is completed. In cases of inebriation, it is difficult to win a case.
This does not mean, however, that you cannot file a lawsuit in the first place. If you have incurred a catastrophic injury due to someone else’s negligence, you can file a case ten out of ten times. Winning the case is another matter, especially if you’re drunk.
Details matter. Ultimately, it depends on the circumstances of your accident and what the investigation reveals.
Can You Win a Personal Injury Case if You Were Intoxicated During the Accident?
As we’ve mentioned, the law does not prevent you from filing a lawsuit against a negligent party if you were involved in a catastrophic accident. However, you must be aware of the statistics before going into your case.
In slip-and-fall accidents, victims are partially blamed for the accident, resulting in reduced compensation for their injuries. So, if you were intoxicated while the accident happened, the odds of winning a case are even less.
However, this does not mean it is impossible to win such cases. You may be able to win the maximum settlement depending on your lawyer’s expertise and the circumstances of your accident. Before jumping to conclusions, it is worth hiring a professional to evaluate your case.
How Negligence Works in Catastrophic Injury Cases
Negligence can lead to a sizeable lawsuit against the guilty party. The property owner will face the consequences if they do not take the necessary safety precautions to protect their customers or establishment visitors.
For example, slip and fall accidents are very common in America and are responsible for all kinds of catastrophic injury cases, like broken hips and spinal injuries.
It is considered negligence if the establishment is unsafe and the owner knows of the hazards and fails to put up warning signs. If the victim’s personal injury lawyer can prove this in a court of law, they can get their client the maximum settlement possible.
However, statistics indicate that those under the effects of alcohol often have a skewed perception of what actually happened. They may believe that their injuries were caused due to someone else’s fault but may not have had full control over their motor functions.
This does not mean that they won’t win the case. It only means that if the court and jury assign 20% of the blame to the victim, they will receive only 80% of the injuries’ costs. So if their injuries and suffering amounted to 100,000 USD, they would only receive 80,000 USD due to their partial blame for the accident.
Contact Bourassa Law Group for Your Catastrophic Injury Cases
If you’ve been involved in a catastrophic injury, hiring a competent personal injury lawyer for your case is crucial. If you believe you were not at fault, you need someone on your side to conduct a detailed examination of the circumstances of your accident.
Bourassa Law Group specializes in personal injury cases and can help you win the compensation you deserve. Its team of lawyers works night and day to build the strongest case possible for your unique circumstances. Contact them at (800)870-8910 for a free consultation.
1-800-870-8910