Drunk Driving Victim Lawyer in Los Angeles

Who is liable for a drunk driving crash, and how is it proved?

When a drunk driver is prosecuted, the people hurt often assume the matter is in hand. It is not. The criminal case is the state’s. You are a witness and a victim, but you do not control it, you do not decide whether there is a deal and you cannot withdraw it. What that judge can order is restitution, which usually covers specific documented costs and rarely approaches what the injury actually cost.

The civil claim is yours. It seeks past and future treatment, lost income, earning capacity, and pain and suffering. It moves in parallel and does not depend on the criminal case finishing. A conviction helps it, but waiting for one can cost you the deadline. Responsibility can sit with:

• The impaired driver, whose negligence is the cause. Where the driver broke a traffic law, Evidence Code section 669 can create a presumption of negligence.
• An employer, when the driver was working at the time, such as a delivery or company vehicle.
• The vehicle owner, in some circumstances.
• A public agency, where a dangerous road condition contributed, under Government Code section 835.

Evidence includes the police report, the arrest and chemical test records, witness accounts, video and, in serious cases, accident reconstruction. California also has one of the strictest rules in the country on the liability of bars and restaurants. As a general rule, a business that serves alcohol to an adult is not responsible for what that adult does afterward. The main exception is serving an obviously intoxicated minor. It is better to say so at the start than to create false expectations, although each case is reviewed for an exception.

What insurance pays after a drunk driving crash?

California’s minimum liability limits rose to $30,000 per person and $60,000 per accident on 1 January 2025. That is well short of what a serious injury costs, so the value of a claim often depends on finding the other layers:

• The at-fault driver’s liability policy, and any umbrella policy above it.
• Your own uninsured and underinsured motorist coverage, which applies when the other driver has no insurance, too little, or drove away.
• Medical payments coverage on your own auto policy, which can pay bills early regardless of fault.
• Employer and commercial policies, when the driver was working.
• Health insurance, which pays treatment as it happens and may later claim reimbursement from the settlement. That reimbursement is negotiated before you receive a net figure.

There is also a state program for compensation to victims of crime, which can help with medical and funeral expenses while the civil claim moves forward. It is independent of the civil case and worth checking early.

What compensation can you recover after a drunk driving crash?

• Medical expenses, past and future, including surgery, therapy and long term care.
• Lost earnings and loss of future earning capacity.
• Property damage to your vehicle and belongings.
• Pain, suffering and emotional distress, and the loss of enjoyment of life.
• Punitive damages under Civil Code section 3294. Impaired driving is one of the few traffic scenarios where California courts have allowed them. They are not automatic and require proof of a conscious disregard for the safety of others, but they change the shape of a case.
• Wrongful death damages for the family under Code of Civil Procedure section 377.60 when a crash is fatal.

A case’s value cannot be known before the medical picture is clear. It turns on the injury, the treatment still to come, the available insurance and the strength of the evidence.

How long do you have to file a drunk driving injury claim in California?

• Two years from the date of injury to file an injury lawsuit, under Code of Civil Procedure section 335.1.
• Three years for property damage only, under Code of Civil Procedure section 338.
• Six months to present a written claim if a public entity is involved, under Government Code section 911.2. This shorter deadline governs, and missing it usually ends the claim.

The criminal case does not pause any of these deadlines. Under Los Angeles Superior Court Local Rule 2.3(a)(1)(A), a civil case is filed in the judicial district where the crash happened, which the Court’s filing locator identifies.

How much does a drunk driving victim lawyer cost in Los Angeles?

No fee unless there is a recovery. Broukhim Legal PC takes drunk driving injury cases on a contingency fee, so there is nothing to pay up front and the fee is paid out of what is recovered. If nothing is recovered, no fee is owed. The fee agreement is put in writing and signed before any work starts, as California law requires, and it also explains how the costs of running the case are handled. Your first conversation is free, confidential and carries no obligation.

Personal injury lawyers across Los Angeles County

Broukhim Legal PC represents people hurt by impaired drivers throughout Los Angeles County from its office at 550 S Hill Street in downtown Los Angeles. Each city page sets out the courthouse an incident in that city is filed in, how a claim against that city is presented and the deadlines that apply:

See all locations we serve, or tell us about the crash for a free case review.

Meet your Los Angeles drunk driving victim lawyer

Bejan Broukhim, Founder and Lead Attorney
State Bar of California, license number 183036

Bejan Broukhim brings years of California legal experience to injury and mass tort cases and personally reviews each one. He earned his J.D. at the University of West Los Angeles School of Law, served as a judicial extern in the U.S. Bankruptcy Court and the Van Nuys Superior Court, and appeared in preliminary hearings as a certified law clerk with the Los Angeles County District Attorney’s Office. Every case is prepared from day one as though it will go to trial.

Office: 550 S Hill Street, Suite 1390, Los Angeles, CA 90013, serving all of Los Angeles County and California. Get directions