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San Diego Dram Shop Lawyers

Have you been in a motor vehicle accident with an intoxicated individual? Call The Advocates legal team for a free consultation.

A Dram Shop Attorney Can Help Your Case 

California’s dram shop laws exist to protect victims of drunk driving accidents. Unlike most states, dram shop liability is limited in California.   

Given the nuances, we recommend contacting our law firm immediately after your accident. If you have personal injuries from a drunk driver, we can take legal action on your behalf.   

Our personal injury lawyers have deep expertise in this practice area. We can file a dram shop liability claim for you, negotiate with insurance companies, and get you compensation for your pain and suffering.  

Nothing matters more to us than the attorney-client relationship. We want you to recover and will do whatever we legally can to make that happen. 

The Next Steps in Your California Dram Shop Case

Injury

Immediately after your accident, check for injuries

Hire Attorney

Contact The Advocates as soon as possible to begin the road to recovery

Property Damage

Get the damage on your car assessed and fixed

Treatment

Seek medical treatment as soon as you can

Finish Treatment

Once you’ve completed treatment, your attorney will compile your medical records

Demand

Your Advocate will send a demand letter to the other party

Frequently Asked Questions

You will pay nothing out-of-pocket when you hire an Advocate. 

Your initial consultation with us is always 100% free. There are never any upfront costs or hidden fees. 

Our attorneys work on a contingency fee basis, which means that our attorney fees are calculated as a percentage of your settlement. We don’t get paid unless we win your case, and you receive a settlement. 

For more information on how settlements and payment work, please see our contingency fee information page. 

Not every accident requires an attorney. However, if the accident resulted in injuries or significant property damage, it is a good idea to contact a lawyer. An experienced personal injury attorney can help you navigate the claims process, which can be lengthy and complex. 

Your attorney will gather evidence, keep track of your medical records, negotiate with insurance companies, and represent you in court if necessary. Studies have shown that accident victims who hire a personal injury lawyer can receive settlements up to 3.5 times larger than if they settled on their own. 

The best way to know if you have a case is to speak with an attorney. The Advocates offer free consultations—you can speak with a qualified legal team to understand what your case is worth without paying a dime. Once you have decided to hire an Advocate, we will investigate your accident to firmly establish liability. 

Every personal injury case is different. There is no one-size-fits-all solution to accident claims. The length of the claims process will depend on the severity of your injuries, the willingness of the other party to settle, the court’s caseload, and more. 

In general, personal injury cases can take anywhere from several months to a few years. It’s important to contact an attorney as soon as possible to get your case started. Each state has a statute of limitations for personal injury cases, after which you will lose your right of action. 

When you hire The Advocates, we will begin investigating your accident immediately while you finish medical treatment. Once all evidence and medical records have been compiled, your attorney will send a demand letter to the other party’s insurance company. At this point, negotiations will begin. 

In many cases, a settlement can be reached during negotiations. If the other party refuses to make a fair offer, you may choose to file a suit. In the litigation phase, your attorney will represent you in court in front of a judge, jury, and/or arbitrator. 

A Team of Dram Shop Professionals Assigned to Your Case  

For nearly 30 years, The Advocates have helped thousands of personal injury victims receive fair compensation and care they deserve after their accidents, and we are prepared to do the same for you.  

We can help you: 

  • Understand the claims process 
  • Investigate your accident 
  • Work together with you towards a full resolution of your injuries 
  • Negotiate with insurance adjusters 
  • Obtain a settlement or judgment against the at fault party 

Hable con un profesional

Dram Shop Liability in California

Bartender serves male customer at bar counter while smiling

What is dram shop law? 

Compared to other states, California has limited dram shop liability. According to California Civil Code 1714, the general rule is that servers cannot be liable for injuries or death caused by an intoxicated patron of their establishment.  

The one exception 

Any California business that allows underage drinking may be held civilly liable for damages that a minor commits. This is the one time where dram shop liability applies.   

It does not have to be an over-served, obviously intoxicated minor—if they are under 21, the establishment can be held accountable for the minor’s actions. 

Do not drink and drive - Keys taken from bar customer
Young group of people drinking at a house party

Social host liability 

Social hosts are not liable for serving alcohol to adults who then get drunk and cause harm. 

They can be liable if they knowingly provide alcohol to a person under 21 and that minor then injures or kills someone.  

Dram Shop and Personal Injury Laws

The damages you can sue for in a dram shop claim 

We cannot say what damages you can seek until we investigate your claim. DUI accidents often result in serious injuries that require extensive treatment. That is usually just the tip of the iceberg. 

The following are commonly sought damages in a personal injury case:    

  • Medical expenses 
  • Pain and suffering  
  • Lost wages and loss of future earnings   
  • Non-economic damages such as emotional trauma   
  • Funeral expenses for a family member 

Common dram shop accident injuries    

The main reason you will have a dram shop claim is because you suffered serious injuries. Even if an injury appears harmless, you should still get medical attention after an accident. Some problems don’t appear until several weeks or months after the accident. 

Here are the most common injuries accident victims face:  

  • Bruising and lacerations   
  • Muscle strains   
  • Whiplash   
  • Broken teeth   
  • Dislocated joints   
  • Disfigurement  
  • Broken bones   
  • Internal damage   
  • Spinal cord injuries   
  • Head injuries and traumatic brain injuries   
  • Emotional distress 
  • Wrongful death of a loved one 

Statute of limitations for dram shop cases 

You have two years to file a dram shop case for both injuries and wrongful death. This is shorter than the usual four-year timeframe for other personal injuries. 

Given that California’s dram shop laws are so narrow, most cases will only survive if alcohol was provided to a minor. 

When Should I Hire a San Diego Dram Shop Attorney?

Consider hiring an attorney as soon as you believe the consumption of alcohol played a role in an injury or death—especially if a drunk minor caused the accident.   

Even if a minor isn’t involved, our legal advice is to still reach out to our attorneys. The Advocates can help you with your personal injury lawsuit. Car accidents involving an intoxicated person are some of the worst.  

It is unfair that this has happened to you. Allow us to represent your claim and get compensation for you. You deserve it. You deserve an Advocate.