DWI Accident Lawyer in New York City

You get hurt in a car accident involving a motorist who was driving while intoxicated (DWI). After receiving medical treatment for your injuries at Bellevue Hospital Center, Harlem Hospital Center, Metropolitan Hospital Center, or another local hospital or medical center, get legal help. Talk with a DWI accident lawyer in New York City, and they can explain your legal options. 

The legal team at Levine And Wiss has over 100 years of combined experience. We offer legal guidance and support to those injured in DWI accidents on the Belt Parkway, Major Deegan Expressway, Long Island Expressway, and other locations in and around New York City. 

Speak with our car accident lawyers in New York City about your auto crash involving an intoxicated motorist. In your case, our attorneys can help you recover compensation for your accident losses from this motorist or other potentially liable parties. To get started, schedule a free consultation. 

Why Hire Us for Your DWI Accident Case in New York City?

Hire a personal injury lawyer in New York City from Levine And Wiss to protect you, guide you, and fight for the full compensation you deserve. Some of the reasons why those injured in auto accidents with intoxicated motorists choose us for legal representation and advocacy include:

• Outstanding case results: At Levine And Wiss, our case results in motor vehicle accident cases include at least 30 verdicts and settlements totaling $500,000 or more.  
• Positive client reviews: Levine And Wiss is a 5.0 top-rated law firm according to Google Reviews. 
• Years of experience: Levine And Wiss founding partner and senior trial attorney Joel L. Levine has over 30 years of experience trying cases in both the federal and state court systems, and founding partner and trial and managing attorney Scott L. Wiss has been practicing law since 1991. 
• Industry recognitions: Levine And Wiss has multiple attorneys on our team who have been recognized by Super Lawyers.

Trust a DWI accident lawyer in New York City from Levine And Wiss to assist you with your civil claim. We want to help you make informed legal decisions as your DWI accident case moves forward. To find out more, request a free case consultation. 

Compensation Available in DWI Accident Cases in New York City

Have a DWI accident attorney in New York City from Levine And Wiss evaluate your tangible and intangible losses from your car crash. We want you to obtain economic and non-economic damages from anyone liable for your DWI accident. Compensatory damages that you can potentially recover include: 

• Medical expenses: Share your medical bills for your hospital stays, surgeries, rehabilitation, prescription medications, and other costs you incur as you treat your physical injuries and emotional trauma with your lawyer. We can incorporate your current and future medical care costs into your damages request.
• Lost wages and diminished earning capacity: We want you to get compensation for time you miss from work and reduced earning capacity if you are unable to return to your job. 
• Pain and suffering: If your injuries meet New York’s serious injury threshold or another applicable exception applies, you may be able to seek compensation for pain and suffering, emotional distress associated with your injuries, and other qualifying non-economic losses.
• Permanent disability and disfigurement: In some cases, a judge or jury will award damages for long-term impairments, scarring, and loss of mobility. 
• Property damage: We can pursue compensation for the costs to repair or replace your vehicle and any other personal property damaged in your car crash. 
• Punitive damages: Depending on the circumstances, a judge or jury can award punitive damages to punish a drunk driver or other liable parties. 
• Wrongful death: If you have lost a family member in a fatal DWI accident, you may be able to pursue a wrongful death claim for qualifying financial losses, including loss of financial support, the value of certain services or guidance, and reasonable funeral expenses.

Our New York City DWI accident lawyer can explain three types of personal injury damages. We can estimate your case’s possible value and seek compensation for you in accordance with New York State law. 

How Much Time Do You Have to File a DWI Accident Lawsuit in New York City?

Under New York Civil Practice Law and Rules (CPLR) 214(5), if you want to sue for injuries you’ve suffered in a drunk driving accident, you generally have three years to file your lawsuit. Some exceptions can apply to this statute of limitations, such as tolling of the deadline for filing a lawsuit if the injured person is under 18 or if the defendant leaves the state. 

Based on New York Estates, Powers and Trusts Law (EPTL) § 5-4.1, if you are eligible to sue for a family member’s fatal injuries from a DWI accident, you typically have two years to file your lawsuit. An exception may provide additional time when a criminal action has been commenced against the same defendant concerning the same incident.  

A New York City DWI accident attorney from Levine And Wiss can explain the statute of limitations for your case. They can help you identify any parties liable for your DWI collision and file your claim or lawsuit before the window in which you’re allowed to do so closes.

Who is Responsible for a Drunk Driving Accident? 

The party responsible for your drunk driving accident depends on the facts of your case. At Levine And Wiss, our DWI accident lawyers in New York City will investigate to understand liability. We may find that the drunk driver is primarily at fault for your accident. However, it’s also possible that liability could extend to any of these parties:

• Bars, restaurants, and clubs: Per the New York General Obligations Law § 11-101, sometimes referred to as the Dram Shop Act, an injured person may be able to pursue a claim against a commercial alcohol vendor that unlawfully sold or helped procure alcohol for an intoxicated person when that conduct caused or contributed to the person’s intoxication.
• Employers: An employer can be liable for a drunk driving accident if the driver was acting within the scope of employment when the crash occurred. Other circumstances can also give rise to a separate claim against an employer.
• Government agencies: Poor road design, missing signage, or malfunctioning traffic signals can contribute to DWI accidents.

Our attorneys can gather chemical test results used to measure a motorist’s blood alcohol concentration (BAC), field sobriety test (FST) results, police reports, witness statements, video footage of your car crash, accident scene photos, medical records, and other evidence to support your case. This can help us prove negligence to a judge or jury. 

What is the Difference Between a DWI Injury Claim and a Criminal Case?

A DWI injury claim can involve a civil lawsuit filed by a car accident victim to recover compensation, while a criminal case is prosecuted by the government to punish a liable party for breaking the law. Some key differences between a DWI criminal case and a personal injury lawsuit include:

• Burden of proof: In a criminal case, the prosecution must prove guilt beyond a reasonable doubt. Comparatively, in a personal injury claim, you only need to prove liability by a preponderance of the evidence. 
• Punishment vs. compensation: Criminal charges can result in fines, jail time, or a driver’s license suspension. A civil claim focuses on securing financial compensation for victims. 
• Punitive damages: Unlike most car accident cases, DWI-related injury claims may allow victims to seek punitive damages, which are designed to punish reckless behavior and deter future misconduct.

A criminal conviction may provide useful evidence in a related civil case, although its legal effect is based on the circumstances. You must still establish the elements of your civil claim under the applicable legal standards. The DWI accident attorneys in New York City at Levine And Wiss can handle all legal aspects of your case while you focus on your recovery from your car crash.

Will Your Insurance Cover Your Losses from Your Accident with a Drunk Driver?

Your insurance company can cover qualifying losses from your accident with a drunk driver in New York through a combination of your own coverage and the other driver’s policy, depending on the type of damage.

Since New York is a no-fault state, your auto insurance policy can cover your initial medical bills and lost wages up to $50,000 through your personal injury protection (PIP). This can be the case regardless of who is at fault for your drunk driving collision. 

If the drunk driver has no insurance or only carries coverage up to New York’s minimum liability limits of $25,000 per person and $50,000 per accident and doesn’t cover all of your losses, your uninsured and underinsured motorist coverage can pay the difference. Alternatively, the team at Levine And Wiss can help you sue this motorist as part of a personal injury lawsuit. 

DWI Accident Lawyer in New York City FAQs

The Levine And Wiss team is ready to address frequently asked questions you have about DWI accident cases. Below, we’ve listed answers to common questions our New York City DWI accident lawyers receive from those interested in filing drunk driving collision claims and lawsuits. 

What should I do after a DWI accident in New York City?

After a DWI accident in New York City, call 911, check for injuries, stay at the scene, cooperate with responding police officers from the New York City Police Department, and file a state accident report within 10 days.

Notify your car insurance company about the accident, even if someone else is liable. When you speak with your insurance company, don’t accept responsibility for the incident. In addition, reach out to a personal injury lawyer with DWI accident case experience, and they can help you with an insurance claim or a lawsuit. 

Should I hire a lawyer for a DWI accident in New York City?

Hire a lawyer for a DWI accident in New York City if you are injured in a car crash involving an intoxicated motorist. Your lawyer will investigate your accident and demand full compensation for your medical treatment costs for your accident injuries, loss of income, pain and suffering, and other losses from any responsible parties.

How much does a DWI lawyer cost in New York City?

For a car accident victim, the cost of a DWI lawyer in New York City varies based on an attorney’s experience and other factors. Some personal injury attorneys work on a contingency fee basis. With this, you do not pay any legal fees unless your lawyer recovers compensation. 

Our New York City DWI Accident Lawyers Are Committed to Justice and Focused on You

How you respond after a drunk driving accident caused by someone else can have far-reaching effects on you and your family. Get a DWI accident lawyer in NYC on your side, and you can receive comprehensive legal help with a personal injury claim or lawsuit against the liable party. 

Levine And Wiss is a personal injury law firm that has been featured in Verdict Search’s Top New York Verdicts for over 10 consecutive years. Our DWI accident attorneys in NYC want you to care for your spinal cord damage, traumatic brain injury (TBI), or other catastrophic injuries. As you do, we can build your case for compensation. 

Give our personal injury attorneys the opportunity to help you with your DWI accident claim or lawsuit. With us, there is never a fee unless we win your case. Contact us today for more information.