Dram Shop Cases Attorney In Phoenix, Arizona
Dram Shop Cases Attorney In Phoenix, Arizona
It can be very daunting trying to get justice for getting hurt because of an accident involving a drunk person. Ilya Law is a law firm in Phoenix, Arizona that advocates for clients in dram shop law cases.
Our team of lawyers has a wealth of knowledge, goes above and beyond to comprehend Arizona’s dram shop statutes, and helps you fight for the compensation and justice you deserve.
What Is a Dram Shop Case?
A dram shop law case is a type of lawsuit wherein the plaintiff sues a bar, restaurant, or other alcohol-serving establishment for harm caused by an individual who was served by the defendant while being already intoxicated.
It is a special type of tort in which the premises owners can be held responsible for the damages caused by abusing alcohol served in their places.
The Importance of Dram Shop Laws
Dram shop laws seek to enhance public health standards by making sure that alcohol serving outlets take responsibility for their part in increasing the risk of alcohol-related violence and driving while intoxicated.
These laws focus on curbing the incidence of accidents and injuries relating to the use of alcohol by controlling the sale and consumption of alcohol, especially in places of entertainment.
In Phoenix, Arizona, dram shop Laws are very important so that the victims of these establishments’ negligent behaviours are able to claim and be compensated for their injuries.
Reasons for Pursuing a Dram Shop Case
There are specific reasons to pursue dram shop law cases, and for each, the repercussions of the wrongful selling of alcohol are surprising.
Looking at these reasons helps to show why it is important to pursue a dram shop claim against those responsible for the wrongs suffered.
1. Public Safety and Responsibility
In most countries, the purpose of dram shop laws is to criminalize the institution for contributing to the distribution of alcohol. In seeking a dram shop d&d case, you help uphold these laws of resorting to legal measures to implement responsible serving of alcohol.
Any advertisements or promotions that mean that the levels of accountability to the public that exist will be partially repealed should be avoided.
2. Avoiding Future Accidents
When drinking establishments are made to pay for their actions in the courts, many lawyers use that avenue to stop such occurrences from ever happening again.
Consequences of practice wise serving of alcohol will be that establishments will be more careful and will seek responsible serving practices because of the law.
Your case might have a domino effect and inspire other establishments to handle their obligations appropriately.
3. Seeking Justice for the Victim
People who have been a victim due to the acts of intoxicated individuals tend to suffer in terms of physical, emotional and financial aspects.
A dram shop case is aimed at seeking reparation for the harmed individuals by placing the responsibility on the affected establishment.
It gives the victims a way out to recover the value of any damage that has been caused.
4. Fair Compensation
Alcohol-related cases involve compensating the victims for expenses incurred including medical costs, lost income, and time spent on recovery.
A dram shop case should ease these costs and also provide other damages for economic and noneconomic aspects such as suffering and lost earnings. Being compensated can assist ease the hardship due to the expenses and aid in recovery.
5. Addressing Negligent Practices
Negligent measures led to incidents in dram shop law cases, and these measures are as well present in the establishments that were involved with the incident.
You can bring these negligent measures to light and make sure that the establishment is responsible.
This does not only addresses the current circumstance but also prevents more negligence by the institutions in the future since better measures will have to be instituted to avoid more incapacity.
6. Raising Awareness
It is possible to increase the understanding of responsible serve practices by seeking the dram shop case.
It is reassuring to bring these cases to the attention of the public so that they see the importance of alcohol-serving places towards safety.
In this case, when such awareness is raised, it is anticipated that it will bring about other changes in the practices of the industry and in the regulation of the industry.
Why Do You Need an Experienced Dram Shop Attorney?
Handling a dram shop case is not only challenging, but it also requires someone who has a mastery over both law of the state and local jurisdictions.
Dram shop lawyers, such as those at Ilya Law, have dealt with such cases and are used to the rigors of establishing proof of negligence and liabilities.
Have a look as to why a drastic measure dram shop attorney is a necessity:
Knowledge of the Region’s Laws:
Every state has its requirements and laws, particularly the dram shop laws.
Arizona attorneys know the law and the cases applicable to the dram shop in greater detail than you do. This is a huge advantage for you.
Filing and Pursuing a Complaint on Dram Shop:
There are many issues regarding the filing and handling of a dram shop case. An experienced person will make sure that all the necessary procedural actions are taken…
Negotiation Skills:
There is also the aspect of stakeholders in dram shop law cases whereby very few people take the matter to court.
One benefit of competent litigators that a client stands to gain is that the litigators are good at reaching out and addressing equitable inspirations.
Investigation Capabilities:
In order to prove a dram shop case it is sometimes necessary to prove who was liable and this requires inquiry.
We will investigate facts, finding witnesses, and specialists in order to provide you with good legal action.
Most Common Difficulties Faced in Dram Shop Cases
Dram shop cases may be straightforward or complicated, and legal issues ensue during the litigation of dram shop cases. Here are some such challenges:
Proving Negligence
It can prove to be quite difficult to show that a dram shop established negligence by serving an already drunk person with additional alcohol.
It requires showing the amount of negligence in terms that the over-served person’s staff saw obvious signs of intoxication but acted otherwise, which led to harm.
Determining Liability
It is often not straightforward to determine who is responsible for harm in dram shop law cases.
Many players can be involved such as, the drinking and overly intoxicated person who caused the injury, the dram shop and possibly others.
Proving and establishing liability needs thorough research and legal reasoning.
Gathering Evidence
Sufficient supporting evidence in dram shop cases such as CCTV footage or witness accounts can make or break the case.
However, it can be a daunting task getting such evidence especially when it pertains to gaining access to the CCTV footage of an establishment or getting some witnesses who may not be willing to testify.
Dealing with Insurance Companies
It is a common practice in dram shop cases that insurance companies attempt to reduce or completely escape payouts.
Some of the actions are disputing the liability or even the extent of damages sought by the claimant.
The lawyers that we provide do understand how to work with insurance companies and they help to ensure that your rights are preserved in the entire process.
Types of Compensation Available in Dram Shop Case
- Medical Expenses: Payment of these is usually awarded to the person who has sustained injuries as a result of the accident.
- Lost Wages: Income that is unable to be earned due to the injury sustained is paid here.
- Pain and Suffering: Such explains to loss of emotional well-being one due suffering from physical pain.
- Punitive Damages: Sometimes such damages are awarded to the plaintiff. The aim is to embarrass or reprimand the wrongdoing party in order to prevent it from doing the same misdeed in the future.
Why Choose Ilya Law?
At Ilya Law, providing high quality legal representation and customer service is at the forefront of our concern. Here’s why you should consider choosing us for your dram shop case:
- Our staff is knowledgeable and has considerable experience of dealing with dram shop law cases and winning them for the benefit of the clients.
- Each case is handled thoroughly and with care since we appreciate that every client has his/her own unique preferences and thoughts to be cared about.
- We make sure that we seek justice and for that, we make certain that whoever caused you pain bears the consequences.
- We provide our legal services on a contingency basis which means that all the legal fees are paid only if we win the case.
Contact Ilya Law Today
In case you or your relative suffered because of an incident involving a drunk person and you think this incident entitles you to a dram shop case, please contact Ilya Law without any hesitation. One of our qualified attorneys will be happy to assist you and help you make the case for justice.