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After you or a loved one are injured in a car crash with an under-the-influence driver, you may wonder if there’s any chance of relief. You’ve probably started a claim against the driver, but it’s also possible to hold a local restaurant, bar, or other business responsible.
With our Chicago dram shop liability attorneys, you can pursue a lawsuit against a business after a drunk driver injured you or a loved one through Illinois’ Dram Shop Law.
Call (312) 236-2900 today to discuss the details of your dram shop liability case. We offer free consultations and work on a contingency fee basis.
According to Illinois law, anyone injured by an intoxicated person can bring a claim for damages against the business or establishment that supplied alcohol, leading to that person’s intoxication.
Under the Dram Shop Law, you can sue the vendor responsible for a drunk person’s drunkenness. The law applies to victims injured or killed by a drunk driver. That includes drunk drivers, people who damage property, or anyone that injure others while intoxicated.
For instance, a bartender could be liable if they serve someone who causes a car wreck or if a patron knocks someone down.
Unlike other states’ dram shop laws, Illinois’ version says vendors can be held liable whether they did anything wrong. In some states, a vendor is responsible after “overserving” a patron. In Illinois, they are liable if a vendor serves someone who causes an injury.
While the Dram Shop Law holds vendors accountable for serving patrons that injure or kill others, it does not apply to non-vendors in most instances. So if you host a party and someone drives drunk afterward, you cannot be held liable for those damages.
However, suppose someone who pays for a hotel or motel room knows someone younger than 21 will drink alcohol, and that person injures someone else. Then the person who paid for the hotel room could be liable.
Like other personal injury lawsuits dealing with drunk drivers, it is possible to seek compensation for all damages. That means your economic and non-economic losses.
Economic damages are tangible, such as medical expenses, lost wages, or property damage.
Non-economic damages are more conceptual and can be difficult to calculate. These could include pain and suffering, disfigurement, disability, or loss of consortium.
By working with an experienced Cook County Dram Shop lawyer, you’ll be able to calculate your losses accurately.
To file a dram shop liability claim, you must meet some requirements. Did the vendor sell alcohol to the person who injured you? Did that alcohol cause their intoxication?
You can sue more than one business in your claim. You can begin your claim once you know who sold the alcohol that contributed to the drunk person’s intoxication.
There are limits to the amount of money the victim or the victim’s family can pursue damages. The limit is adjusted annually by the Illinois Office of Comptroller based on the consumer price index. For 2023, the recovery amount cannot exceed $101,205.60.
It’s essential to begin working with a Cook County attorney to hold a business accountable in your dram shop liability case. Under Illinois law, there’s a statute of limitations of one year after the accident.
If an intoxicated person has injured you, you can pursue compensation from a business or other vendor that served them. Whether that’s a bar or a liquor store, you are entitled to a payout to cover your damages.
A knowledgeable Cook County attorney can help build the strongest case possible. They can investigate the events leading up to your accident, interview the business, and calculate your losses. They’ll communicate with the defendants and the court while minding essential deadlines. A dram shop lawyer knows the defendants will attempt to shift blame or minimize their involvement. You need a lawyer who knows how to approach your case.
After an incident injures you, you will need time to recover. The Staver Accident Injury Lawyers, P.C. team understands you’re trying to recover from an injury with an intoxicated person. We know you need help and handling a dram shop liability case alone is not something you should attempt.
We are ready to review your case. We know not every case is the same. We’ll work with you to establish a unique solution to your case. Accidents involving drunk drivers can be traumatizing. We want you to recover as quickly and efficiently as possible.
Call (312) 236-2900 or use our online contact form to schedule your consultation.
Here are some additional resources that may be of help.