Do I Have to Wait to File a Drunk Driving Accident Claim?

Of course, as you may know, driving under the influence (DUI) of drugs or alcohol is a serious criminal offense in the state of New Jersey. And thus, the criminal court deals with anyone accused of committing such an act directly. However, you may have also been made the wrongful victim of this negligent act, incurring injuries and damages in a drunk driving accident. While you may want to seek recovery for this, you may be worried that the defendant is occupied with their ongoing criminal trial proceedings. Well, please follow along to find out whether you must wait for a final judgment before filing your civil claim, and how a proficient Passaic County car accident lawyer at the Law Offices of August R. Soltis can help you handle your legal procedures appropriately.

Do I have to wait for a criminal trial judgment before I file my drunk driving accident claim?

In reality, you may file a drunk driving accident claim with the New Jersey civil court while the defendant’s criminal case is still pending. This is because not only are they handled by separate court systems, but they are set to accomplish different goals. That is, the state files a criminal case to punish the offender for breaking DUI laws through jail time, a driver’s license suspension, and fines. This is while victims like yourself may file a civil case to recover compensation for your economic and non-economic damages, like lost wages, medical bills, and pain and suffering.

Secondly, these two court systems have different standards of proof. Criminal cases require proof beyond a reasonable doubt, which is harder to achieve than proof by a preponderance of the evidence in a civil case. This is to say that it is possible to win a civil case even if the alleged offender is found not guilty of a DUI by a criminal judge. And so, there is no need to wait for the outcome of a criminal trial to serve as proof that negligence existed in your accident event in your civil claim. You may have other proof, like witness testimonies and dash camera footage.

What is the statute of limitations for my drunk driving accident claim?

All the more reason to not wait too long to file your drunk driving accident claim is New Jersey’s strict statute of limitations. Namely, you may only have two years from the date of your accident to bring your case before the civil court. Otherwise, you may be ineligible to collect monetary compensation, no matter how real your economic and non-economic damages are. Rest assured, your lawyer may coordinate with the ongoing criminal case and acquire evidence revealed from the criminal investigations to strengthen your civil case (i.e., BAC level, police testimonies, etc).

While we understand that you may not want to deal with any of this right now, it must be addressed for your physical, emotional, and financial well-being. So please allow a talented Passaic County auto accident lawyer from the Law Offices of August R. Soltis, to make this legal process less burdensome for you overall. We will be happy to help and give you much-needed relief.