Whether or not you have a valid dram shop lawsuit case will depend on the specific facts and circumstances of your situation, as well as the laws and regulations in your state. However, in general, to have a valid dram shop lawsuit case, you will need to prove the following:
- The defendant (bar or restaurant) over-served the drunk driver.
- The over-serving was a direct cause of the accident that resulted in your injuries.
- You suffered damages as a result of the accident.
To prove that the defendant over-served the drunk driver, you will need to provide evidence such as witness testimony, surveillance footage, or receipts showing that the driver was served excessive amounts of alcohol or that the bar or restaurant continued to serve them despite obvious signs of intoxication.
To prove causation, you will need to show that the over-serving was a direct cause of the accident and your injuries. This may require expert testimony from a toxicologist or accident reconstruction expert.
To prove damages, you will need to provide evidence of the injuries and losses you have suffered as a result of the accident, such as medical bills, lost wages, and pain and suffering.