New York Drunk Driving Accident Attorney​

If the police have an open criminal investigation or pending charge against the drunk driver, this does not mean you will automatically receive compensation. You must file an additional civil claim against the responsible party. New York City will file its own criminal claim against the driver, with the goal of punishing the person for his or her wrongdoing. It is up to you, the injured party, to file a civil claim in pursuit of damage recovery. Civil cases aim to compensate accident victims for damages such as:

• Past and future medical costs
• Lost wages and lost capacity to earn
• Physical pain
• Emotional suffering and mental anguish
• Permanent or temporary disability
• Lost quality of life
• Property damage
• Loss of consortium (in the event of wrongful death)

In NYC, you can file a civil claim during an ongoing criminal case. The outcome of the criminal case will have no effect on your civil case. They are completely separate processes. However, if the courts convict the driver for driving while intoxicated (DWI) or driving while ability impaired (DWAI), it can signal that the civil courts will likely find the defendant at fault for your accident and personal injuries. Evidence such as BAC test results and eyewitness statements may help prove that the driver was drunk at the time of the crash. The legal team at Meirowitz & Wasserberg can help during the civil claims process.