Are there any civil suits that can be filed after a drunk driving accident?
Yes, victims of drunk driving accidents in Kansas can file civil suits against the at-fault driver. Generally speaking, a civil suit is a legal action brought against an individual or entity to secure compensation for damages incurred. In the case of a drunk driving accident, the victim can sue the driver for negligent or reckless conduct. In Kansas, a drunk driving accident lawsuit is a type of negligence lawsuit. To win, the plaintiff (victim) must prove that the other person acted with “negligence”. This means that the defendant (driver) owed the plaintiff a duty of care, but breached that duty, resulting in injury or harm to the plaintiff. If the plaintiff can make this showing, the theory of negligence allows them to recover money from the defendant. In addition to suing the driver, the drunk driving accident victim can also file a claim against the driver’s insurance company. This type of claim is known as a civil action. The insurance company will be responsible for paying any damages awarded, up to the limits of the driver’s policy. The damages typically sought in a drunk driving accident lawsuit can include medical expenses, lost wages, pain and suffering, and emotional stress. It is important to note that the state of Kansas has imposed a two-year statute of limitations when filing a civil lawsuit for a drunk driving accident. Therefore, filing a claim should not be delayed, as the plaintiff may be unable to recover damages if the statute of limitations has passed.
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