While drunk driving laws and criminal defense attorneys deal with the criminal aspects of driving under the influence, dram shop laws and attorneys are concerned with civil liability in these cases—specifically, the liability of the vendor who provided the inebriated driver with alcohol. In Ohio, as in several states, dram shop laws are on the books to add additional legal recourse for victims of drunk driving accidents or their survivors. Below is a brief introduction to what a dram shop attorney does, how they can help, and how they differ from a criminal defense lawyer.

Investigation

First and foremost, a lawyer will look into whether the case qualifies as a violation of dram shop laws. This entails launching an investigation into the accident, obtaining police reports, and speaking to eyewitnesses. A dram shop law has been broken when one of the following two situations has occurred:

• The injuries relating to the accident were sustained on the vendor's property and were caused by the vendor's carelessness or negligence
• The injuries relating to the accident were sustained off the vendor's property after the vendor knowingly sold alcohol to an intoxicated person or a person under 21 years old

Case Evaluation

Once an investigation has occurred and a dram shop lawyer has assessed the injuries, they can evaluate the case and assign a dollar amount to the claim. There are many damages for which an injured person or their survivors can seek compensation, such as medical bills, lost wages, property damage, and pain and suffering.

Paperwork

As with any legal area, dram shop-related cases involve a lot of paperwork, documentation, and legal filings. Your attorney tackles these tasks on your behalf. They ensure all forms are completed accurately and submitted to the right departments and agencies; they file legal motions and briefs; and they handle all communications with the other parties and insurers in your case.

Goals

A dram shop attorney is not a criminal defense lawyer. They advocate for the rights of the injured or their survivors, and they work to hold vendors legally accountable in civil court. The penalties handed down in dram shop cases are monetary, not punitive, and cases are typically filed after criminal defense cases have been completed and verdicts rendered.

If you or someone you love was injured by a drunk driver, it's important to understand all available legal options. The dram shop attorneys at Ibold & O'Brien will help you explore possible avenues to compensation. Since 1980, they have been serving Geauga County, OH, in dram shop, personal injury, bankruptcy, and criminal defense cases, to name just a few of their practice areas. Call (440) 285-3511 or visit them online to schedule a consultation today.