Is it necessary to hire a lawyer to settle with the bar that served a drunk driver?

A personal injury lawyer who handles dram shop cases

Whether it is necessary to hire a lawyer to pursue a claim against a bar that served a drunk driver depends on the complexity of the case and the specific laws in your jurisdiction. In Iowa, the answer will always be a resounding yes, hire a lawyer.

Here are some considerations:

1. Understanding Dram Shop Laws:

• Dram Shop Laws: Many states have laws, known as dram shop laws, that allow victims to sue alcohol-serving establishments if they served alcohol to a visibly intoxicated person who later causes harm, such as in a car accident. These laws vary widely by state in terms of what needs to be proven.
• Complex Legal Requirements: Proving that a bar or restaurant is liable often involves demonstrating that the establishment both sold and served alcohol to someone who was visibly intoxicated or to the point of intoxication. This can be challenging without legal expertise.

2. Evidence Collection:

• Gathering Evidence

  : To build a strong case, you may need to collect evidence such as witness statements, surveillance footage, credit card receipts, and expert testimony. An experienced lawyer will know how to gather, preserve, and present this evidence effectively.

• Subpoena Power

  : Lawyers can issue subpoenas to compel the bar or restaurant to provide records, video footage or testimony that may be crucial to your case.

3. Negotiation and Settlement:

• Negotiating with Insurers

  : Bars and restaurants often have insurance companies that handle claims. They are known as dram shop insurers. These insurers are skilled at minimizing payouts. That is a bit of an understatement. Those who sell alcohol for a living are well connected to the politicians including the Governor who do not like picking on their campaign benefactors. A lawyer can negotiate on your behalf to seek a fair settlement.

• Legal Representation

  : If the bar or restaurant disputes your claim, which they always will, having legal representation is vital, especially if the case goes to trial.

4. Potential Compensation:

• Maximizing Compensation: A lawyer can help ensure you seek appropriate compensation for medical expenses, lost wages, pain and suffering, wrongful death damages and other damages related to the accident.

• Complex Damages Calculation

  : Calculating damages in these cases can be complex, especially when considering future medical costs or lost earning potential.

5. Legal Expertise:

• Navigating the Legal System

  : The legal process is complicated, and a lawyer will help you navigate it, ensuring that all deadlines are met and procedures followed.

• Statute of Limitations

  : A lawyer will ensure that your claim is filed within the statute of limitations, the time frame in which you must bring a lawsuit.

• Notice of Claim: In Iowa we have a notice provision that can easily be missed so hiring a lawyer early is paramount.

Conclusion:

While it is possible to pursue a claim against a bar on your own, hiring a lawyer is often advisable. A lawyer’s expertise can be crucial in building a strong case, negotiating a fair settlement, and ensuring that you receive the compensation you deserve. If the case involves significant damages or if the bar is likely to contest liability, having a lawyer can greatly increase your chances of success.

The Lombardi Law Firm is a personal injury firm with a long history of recovering substantial sums while caring about our client’s future. If you have questions about your legal options, or would like to just talk with a lawyer, call the Lombardi Law Firm. There is no charge to talk with us. If we take your case, you will not be charged unless there is a recovery. 1-515-222-1110 or send Steve an email at sdlombardi@aol.com.