Posted On: June 4, 2012 by Mark Bello of Lawsuit Financial Corp.

Family Settles Lawsuit against Applebee’s in Drunk Driving Accident

A Texas family had just left a family gathering. They were stopped at a red light when a drunk driver, with a blood alcohol level three times the legal limit, rear-ended their vehicle. Their two-year-old son was strapped in his car seat, but the impact was so severe that the child suffered permanent damage to 80% of his brain. He will never stand, sit, walk, or speak again. He can’t even see his cake or the balloons that fill the room every year on his birthday, but his parents continue to celebrate in hopes that he can feel their love.

Three years after the auto accident, the family settled their lawsuit with Applebee’s for an undisclosed settlement. Why did the family sue Applebee’s for the negligence of a drunk driver? Under the Texas Dram Shop Act, victims and their families can hold commercial establishments accountable for injuries that result when they serve a customer that is obviously intoxicated to the point that the intoxicated person presents a clear danger to themselves and others. In order for the establishment to be held liable, the plaintiff must show proof that at the time the alcohol was served the patron who caused harm was obviously intoxicated. In this case, plaintiff showed proof via receipts that Applebee’s served this guy 23 drinks in less than two hours. No one could consume 23 drinks in 2 hours and not be visibly intoxicated.

Although a settlement was reached with Applebee’s the child’s parents are still awaiting justice. They have fought tirelessly to hold the drunk driver responsible for his negligent actions. But, despite the fact that the auto accident was three years ago, the criminal trial has been put on hold due to appeals. The intoxicated driver has seven previous DWI convictions in other states and a judge ruled that these convictions would only be admissible in a Texas court. The family is appealing the judge’s ruling.

The unfortunate, totally innocent child is permanently disabled; he will never be able to live the life of a normal child or care for himself. It took three years to obtain an award in this case, but no money has yet to change hands. This family has gone years with mounting medical bills and loss of income due to caring for this child. This is where lawsuit funding can help victims regain control of their lives and their finances. While waiting to obtain justice, litigation funding would allow the plaintiff to pay their medical bills and other important expenses. A lawsuit cash advance is risk-free; a non-recourse cash advance based on the successful outcome of a personal injury lawsuit. Since lawsuit funding is based on the merit of the case, credit and employment are irrelevant. There are no upfront fees or monthly payments, and the cash advance is only repaid if, and when the case successfully settles.

Legal finance services can be a life preserver in desperate financial times; it is easy to apply for either online or by phone. If approved, pre-settlement funding can often be place in an applicant's hands in as little as 24 hours. If you have been in a drunk driving auto accident and experiencing financial hardship, contact Lawsuit Financial, the pro-justice litigation company. Don't let the insurance company victimize you again by forcing you to accept a low offer. Lawsuit Financial is here to give you a “staying power” advantage, pursue your lawsuit with confidence, and fight for the compensation you deserve. Before you settle for less than case value, contact Lawsuit Financial.