Victim impact statements are commonly used in criminal and personal injury trials to allow victims a chance to share how the crime has affected their lives and well-being. If a drunk driver causes an accident that leaves you injured, you may find yourself involved in a criminal trial against the responsible driver, if you choose, as well as working with a drunk driving accident lawyer for a civil lawsuit. Our experienced Lubbock drunk driving accident lawyers at Liggett Law Group, value integrity, advocacy, and results for all our clients. Oftentimes, a victim impact statement is part of that.
Victim Impact Statements Give Survivors a Voice and Provide Critical Insight in a Personal Injury Case
So, what are victim impact statements, and how are they used? A victim impact statement is meant to provide a more complete picture of how the DUI affected them physically, financially, and emotionally. One of the benefits of a victim impact statement is that it gives the survivor a direct voice. Your attorney is certainly working in your interests, but you may not have the opportunity to speak freely otherwise during your case. The impact statement allows you to express your experience in your own words when you know the important parties will hear you.
Although they are well-known in the criminal justice system, they serve a similar function in personal injury cases. The VIS in a drunk driving case may include information about medical treatments and costs. Still, it also often includes statements about how your daily life was affected, the impact your injuries have on your life and family, examples may include if your partner or spouse had to sacrifice work to be a caretaker, or if you are unable to engage with your children in the same way you used to.
Many impact statements will end with a statement that embodies other information you want the courts to understand, including how a favorable ruling may affect your life for the better.
Impact Statements May Be Written or Verbal
A Victim Impact Statement (VIS) can be submitted verbally, in writing, or both, according to the U.S. Department of Justice. The more personal nature of a victim impact statement is something many people see as a benefit. Your verbal inflection and intonation often heighten the impact of your statement. Additionally, some victims of DUI accidents find closure when they have the opportunity to face the responsible party and share their experience.
For those who wish to share their experience but prefer not to do so verbally, you may also submit a written statement. The Texas Department of Justice provides several versions of the Victim Impact Statement Packet for you to complete and return. For a civil lawsuit, you may utilize this form to gain an understanding of common content.
When you provide a written statement, your attorney, the defense’s attorney, and the judge will have the opportunity to review the statement. In some cases, the defense may request the opportunity to allege inaccuracies in the statement.
Many Victims of DUI Feel a Sense of Closure from Providing a Statement
Regardless of the recovery amount, many victims of DUI accidents report that sharing their statements helped them feel heard and obtain a sense of closure. You may also feel that you obtained a sense of justice through social accountability. One can find a lot of power in directly addressing those who have wronged them. In turn, those who have to face down the consequences of their actions by seeing the experiences of those they harm are often more inclined to make better choices later.
A Victim Impact Statement May Affect the Damages You Recover in a Personal Injury Case
Taking your civil case to court always carries some risk. Instead of more hands-on control over what you will accept in a settlement, the entire decision is left to the judge. Though an attorney can often help you build a robust case for your claims, a clear and concise victim impact statement can be integral to a successful lawsuit by adding a more personalized touch to a very factual and transactional process.
When you make this statement to the judge, it allows you the opportunity to effectively convey the impact of the accident on you, which may support your claim for non-economic damages, such as pain and suffering or loss of quality of life. The decision is up to the judge, but hearing your perspective can often affect their understanding of just how much your injuries have impacted your life.
A DUI Victim Impact Statement is a Right, Not a Requirement
Every DUI victim has unique expectations and desires for the outcome of their case. Though many victims want a chance to face the person responsible for their accident, others may not. Additionally, in a DUI case, the responsible party may be facing criminal charges, in which you may have the opportunity to present your VIS. You can discuss the specific pros and cons of providing a statement with your attorney and discuss alternatives to presenting the statement yourself.
Some of these alternatives include allowing someone else to read your statement or simply providing it in writing to be shared with the appropriate parties.
Your civil lawsuit is about meeting your recovery needs, so while you do have the option to provide a VIS, it is not a requirement.
Contact a DUI Accident Lawyer for Individualized Legal Support
In the aftermath of an accident, especially one caused by negligence like driving under the influence, you may be uncertain of what to do next. Our team at Liggett Law is experienced in helping victims navigate the process of a civil case, and we will advocate for you to make your voice heard.
There are countless reasons you may want to and benefit from providing a victim impact statement after your DUI accident. Our drunk driving accident lawyer will help you make an informed decision on what is right for you. Contact us today to schedule a complimentary case consultation and explore your options.