Evidence Needed to Win a Third Party Case
If you or someone you know has been injured as a result of an intoxicated person's negligence, you could have a third party dram shop case. Third party dram shop cases involving alcohol related accidents where the victim was injured or killed due to the negligence of a drunk driver, and the establishment that over-served the driver. Third party dram shop cases have many elements, but one important element to the case is proving your injuries were caused by the negligent actions of the two parties. TO prove this negligence, you will need evidence for your case.
In order to be successful in filing a claim against the responsible party, you'll need an experienced dram shop lawyer to help you obtain the necessary evidence to win your case. In this article, attorney Michael Grossman explains the types of evidence you'll need in a third party dram shop case and possible compensation you can recover.
Questions answered on this page:
- What evidence is needed to help me win my case against a bar or restaurant?
- What kind of compensation can I get in a dram shop case?
- How can a lawyer help me after an accident involving alcohol?
Proving up Your Losses
As the plaintiff (the person filing the lawsuit) it is your burden to prove to the court that the restaurant or bar is liable for your injuries. First of all, your attorney will need to prove that the bar indeed served the intoxicated person. It's equally important to prove that the bar knew (or should have known) that the defendant was intoxicated. Were they showing signs of intoxication? The signs should have been obvious enough that a reasonable prudent person would have known the defendant was drunk. If these things can be proven, you have a successful case.
To learn more about how Texas law defines obvious intoxication, click here.
An experienced attorney will know what types of documentation and evidence will be necessary to be successful with your claim. Let's look at a few kinds of evidence that help to win a third party dram shop case. There are certainly more examples than this, but this will give you an idea of the kinds of materials that are available in a thorough investigation.
- Police Statements/Reports - As attorneys, we can gather statements form the police officers present before the official reports comes out. This will cover what they saw, if the driver appeared drunk, what they said, etc. Additionally, the official report will be helpful to us as well.
- Eye Witness Testimony - Witness testimonies are crucial. We get the statements of bar employees and even other patrons that were present at the same time, if we can locate them for testimony.
- Bar Records - We'll look through the records the bar kept from the day of the accident to see what they sold the defendant, look at the time frame, and how much was sold.
- Training Records - There are TABC guidelines that should be followed by any establishment that serves alcohol regarding the training of servers. We'll look to see if there is proof of training, and if the establishment followed through with enforcing those guidelines.
Gathering the right evidence can be a long and difficult process. However, the work put into to finding evidence can show where the bar failed to do their job and how they could have done better.
Third-Party Case: Compensation
When filing a lawsuit against a negligent bar, it is not enough to prove the bar did something wrong. What your attorney will need to prove is that you were harmed as a result of them being negligent, or over-serving the person who injured you. If you are able to successfully prove that the bar's action lead to your injury, you can seek damages, or compensation. For example, you could see compensation for:
- Medical Bills - You could receive compensation for medical bills that were accumulated due to hospitalization, rehabilitation, etc.
- Pain and Suffering - Sometimes physical and emotional pain and suffering can occur as a result of the incident, and money can be awarded for these types of injuries.
- Lost Wages - You can be awarded money for income you would have received had you not be injured.
An experienced dram shop attorney will be able to guide you through the difficult aspects of bringing a claim against a bar or restaurant. They know what to look for in their investigations, and they will do their best to get you the compensation you deserve.
Contact The Experienced Attorneys At Grossman Law Offices
At Grossman Law Offices, in Dallas, TX, we have over 25 years of experience handling dram shop cases. We've won hundreds of alcohol-related cases, and we know this area of the law well. We understand that you likely have many questions regarding your claim and how to make sure you find out what happened. We understand that, and we're happy to help. We have experienced attorneys standing by, ready to speak with you 24/7. If you'd like to speak with someone regarding your claim, give us a call at (855) 326-0000. We'll be more than happy to assist you however we can.
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