DUI Lawsuit Definition | Los Angeles DUI Lawyer

A DUI lawsuit is a legal action filed against someone who caused injury or death while driving under the influence of alcohol or drugs. It is separate from the criminal DUI case; one is brought by the state, the other by the person who was harmed.

When a drunk driver injures someone in Los Angeles, the injured person has the right to pursue civil damages through a DUI lawsuit. That means compensation for medical bills, lost income, pain and suffering, and other losses.

The criminal case may result in fines or jail time for the driver, but it does not put money in the hands of the people they hurt. A civil lawsuit does.

Los Angeles DUI Lawyer can connect you with a DUI attorney serving Los Angeles who helps injured people understand their rights and pursue the compensation they are owed.

The Criminal Case vs. the Civil Lawsuit

These are two separate legal processes that run on separate tracks.

Criminal Case

The criminal case is brought by the state of California against the driver. The goal is punishment: fines, license suspension, probation, or jail time. As the injured person, you are a witness in that case, not a party.

Civil Lawsuit

The civil lawsuit is yours. You file it, you are the plaintiff, and the goal is compensation for what you lost and what you suffered.

One outcome does not determine the other. A driver can be acquitted in criminal court and still be found liable in a civil case because the standards of proof are different. Criminal cases require proof beyond a reasonable doubt.

Civil cases require a preponderance of the evidence, meaning it is more likely than not that the defendant caused your harm.

How a DUI Lawsuit Works in California

Here is a general overview of how the process unfolds.

Consult an attorney. The first step is talking to a lawyer who handles DUI injury cases. They will review the facts and explain your options.
Investigation. Your attorney gathers evidence, including the police report, toxicology results, witness statements, surveillance footage, and medical records, to establish what happened and who is responsible.
Filing the complaint. Your attorney files a formal legal complaint in civil court naming the drunk driver as the defendant, which officially starts the lawsuit.
Discovery. Both sides exchange information, depositions are taken, and documents are reviewed. This phase can take several months.
Negotiation and settlement. Many DUI civil cases settle before trial. The defendant’s insurance company will often negotiate rather than risk a jury verdict, especially when punitive damages are on the table.
Trial. If a settlement is not reached, the case goes to trial, where a judge or jury hears the evidence and decides liability and damages.

Damages In A DUI Lawsuit

Examples of damages in a DUI case include:

Car repairs
Repairing fences, landscaping, or other property that was struck
Medical care for injuries
Time missed at work because of injuries
Final expenses for someone who lost their life
Compensation for pain and suffering

Most DUI lawsuits don’t start until after the criminal proceedings are over. This is because California law already includes some built-in compensation for crime victims known as restitution.

Restitution is ordered by the judge at sentencing and includes payment for all the types of damage listed above. In theory, this should satisfy the victims without the need for a lawsuit. But victims may choose to sue anyway, for two reasons:

They do not feel that the restitution order adequately compensated them for their losses
You were not convicted, so no restitution was ever ordered

This is the most serious aspect of a DUI lawsuit is that you can be sued even if you are not found guilty of DUI. The lawsuit is resolved in civil court and is separate from the criminal charge altogether.

What If the Driver Was Never Charged, or the Charges Were Dropped?

A civil lawsuit does not depend on a criminal conviction. The driver does not need to have been charged, convicted, or even arrested for you to pursue a civil claim.

What matters in a civil case is the evidence: whether it is more likely than not that the driver was impaired and that their impairment caused your injuries. An attorney can build that case using toxicology reports, driving behavior, and other evidence, independent of what happened in criminal court.

How Long Do You Have to File a DUI Lawsuit in California?

In California, the statute of limitations for a personal injury claim is two years from the date of the injury. For wrongful death claims, it is two years from the date of the accident.

Missing that deadline means losing your right to file, regardless of how strong your case is. The safest move is to consult an attorney as soon as possible after the accident.

Have you been charged with DUI? We can connect you with an experienced Los Angeles DUI lawyer and get you a FREE consultation. Fill out the form to the right or call and get your free consultation today.

DUI Lawsuit