Injuries sustained in drunk driving accidents, bar fights, or other incidents related to intoxication can be severe. While these events may warrant criminal prosecution, they could also become the basis for a car accident claim.
Dram shop liability laws in Texas make it possible to recover damages from an establishment that served drinks to the intoxicated person. If you were hurt in such an incident, you may have the right to recover compensation. An experienced Houston dram shop lawyer can help you fight for the money you deserve.
What Is Dram Shop Liability?
A “dram” is a term for a small unit of liquid, which was used in taverns when selling alcoholic beverages. Accordingly, a dram shop is an establishment where alcohol is served. The Dram Shop Law in Texas allows a person who sustained injuries from an intoxicated individual has the right to file a personal injury lawsuit against the dram shop where the latter purchased alcohol. To have a basis for a lawsuit, these two factors must co-exist:
- The establishment continued serving alcohol to a person who was so intoxicated that they could obviously become a danger to others
- The intoxication from alcohol served in the establishment directly led to damages.
The most common application of the dram shop law is drunk driving accidents. However, other incidents, such as bar fights, are also covered.
Damages in Dram Shop Cases
Since dram shop liability laws allow initiating a lawsuit, the injured person has the right to recover several types of damages. The goal of these payments is to compensate the victim for economic and non-economic damages they sustained from an intoxicated person:
- Economic damages: Medical bills, property damages, loss of earning capacity, lost wages.
- Non-economic damages: Pain and suffering, emotional distress, disability, permanent scarring.
The injured person has the right to demand compensation for present and future damages related to the incident. An experienced dram shop attorney in Houston could assist with gathering relevant evidence to prove the victim’s right to maximum damage recovery.
Punitive Damages
If the at-fault party acted especially negligently and egregiously, the court may decide to award the injured person punitive damages. The goal of punitive damages is to punish the defendant and prevent similar behavior in the future.
Wrongful Death Damages
If a person dies in an incident that resulted from someone’s intoxication, the family can seek wrongful death damages. Such damages usually include burial expenses, loss of companionship, and loss of financial support.
Size of Compensation
The amount of compensation available can depend on many factors. They vary from the extent of injuries and quality of evidence to the skills of the dram shop attorney. Besides building a strong case, an attorney can also provide valuable guidance and prevent unfortunate mistakes.
Discuss Your Dram Shop Case with a Qualified Houston Attorney Today
Losing quality of life because someone acted negligently is devastating. Meanwhile, medical bills and lost wages can snowball into a serious financial issue. Knowing your rights in a dram shop case can help you recover maximum compensation.
A skilled Houston dram shop lawyer from Schechter, Shaffer & Harris, LLP can protect your rights, help you navigate the case, and fight for the money you deserve. Call us to schedule a free consultation today.
