Drunk Driving Accident Lawyer in Fairfax
Over 30 Years Fighting for Drunk Driving Crash Victims in Fairfax & Prince William Counties
When a drunk driver causes a crash, victims face a legal landscape that differs meaningfully from a standard car accident claim. Virginia law creates a statutory path to punitive damages, and the state’s contributory negligence rule can eliminate recovery entirely if even minor fault is assigned to the victim. These aren’t technicalities. They are case-deciding factors that require a lawyer who builds every file for trial from day one.
Law Office Of Andrew S. Kasmer has more than three decades of personal injury experience in Virginia, including Fairfax and Prince William Counties. We’ve recovered more than $10 million for injured clients, including a $1.3 million motor vehicle accident recovery. Those results reflect thorough preparation and a willingness to take cases to the Fairfax County Circuit Court when insurers won’t offer fair value. Past results don’t predict outcomes in future cases, but they do reflect how we work.
Ready to talk about your case? Call us at (571) 350-8562 for a free consultation. You pay nothing unless we recover compensation for you. Hablamos español.Why Trial Preparation Matters in Drunk Driving Cases
Insurers know whether the other side is ready for a jury. A drunk driving claim with punitive damages exposure under Virginia law, backed by documented evidence and a trial-ready legal strategy, can produce very different settlement discussions than a case that hasn’t been built that way. Our team, including attorneys Andrew S. Kasmer, John R. Kelly, Walter B. Holston, and Brendan J. Mullarkey, applies that trial-first discipline to every case we take.
No two drunk driving crashes are identical. The evidence available, the extent of injuries, the at-fault driver’s insurance coverage, and the specific facts of the collision all shape the strategy. We develop a tailored approach for each client based on a detailed review of the facts and what the law allows. Our offices in Fairfax and Woodbridge serve clients throughout both counties.
Why We're Your Trusted Choice
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More Than $10 Million WonOur law firm is known for winning, and winning big.
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Offering 100% Free ConsultsGet started on your case with a free consultation. Contact us today!
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We Prepare All Cases for TrialFrom beginning to end, we always help our clients prepare to win.
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You Don't Pay Unless We WinIt costs you nothing unless our firm wins your case.
Punitive Damages Under Virginia Law
Punitive damages are monetary awards meant to punish particularly reckless conduct rather than simply compensate the victim. Virginia Code § 8.01-44.5 gives drunk driving accident victims a statutory right to seek them when the at-fault driver had a blood alcohol concentration (BAC) of 0.15% or higher at the time of the crash, or unreasonably refused to submit to a BAC test. When either condition is met and the driver’s intoxication caused the victim’s injury, the statute treats the willful-and-wanton threshold as satisfied. The victim doesn’t have to independently prove recklessness beyond the BAC level itself.
A driver who refuses a breathalyzer doesn’t avoid punitive exposure. An unreasonable refusal to submit to testing can support a punitive damages claim under the same statute, provided the victim also establishes that the driver was intoxicated and that the intoxication caused the injury. Punitive damages are capped at $350,000 under Va. Code § 8.01-38.1 and are awarded on top of compensatory damages, not instead of them. Virginia places no cap on compensatory damages.
Civil Claims Are Independent of Criminal Charges
The civil case and any criminal DUI charge proceed separately. Victims don’t need to wait for a criminal conviction to file a civil claim, and the burden of proof in civil court is lower than in a criminal proceeding. Even if a driver is acquitted of a DUI charge, the evidence of impairment may still support a civil claim for negligence and punitive damages.
Damages Available to Fairfax Drunk Driving Victims
Compensatory damages in a Virginia drunk driving case can cover past and future medical expenses, lost income and diminished earning capacity, property damage, and non-economic losses such as pain, suffering, and emotional distress. Wrongful death claims arising from a fatal drunk driving crash generally carry the same two-year filing deadline as personal injury claims, though individual circumstances can affect that timeline.
When the at-fault driver is uninsured or carries minimum limits that don’t cover the full scope of your losses, your own uninsured motorist (UM) or underinsured motorist (UIM) coverage may be a primary path to recovery. In hit-and-run cases, UM coverage is often the only available insurance avenue. We review all potential sources of recovery at the outset, including your own policy, so nothing is overlooked.
Hear From Our Happy Clients
At Law Office Of Andrew S. Kasmer, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"His team was able to keep me updated throughout the process."I had experienced a rear-end hit and run. I was able to snap a photo of the license plate. I sought litigation and was able to work with attorney John R. Kelly. I am very pleased with his work! I was able to focus on my recovery and was confident he was handling my case. His team was able to keep me updated throughout the process. They were very flexible with my schedule. I have a high demand schedule. Their methods of communication worked for me. The paralegals did change throughout my case. I highly recommend working with John. He was able to settle my case. In the end he was also able to earn extra funds for me. I feel very blessed to end this journey and will definitely reach out to work with attorney John R. Kelly again! I definitely recommend working with him!
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"They did an excellent job for me without any complications."I can recommend attorney Andrew Kasmer and attorney Adriana Segovia. They did an excellent job for me without any complications. They are very good; my experience with them was 10 out of 10. So if anyone is looking for good lawyers, I highly recommend them
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"Truly a 5-star Experience!"Exceptional Service – Especially Thanks to Berta! I had an outstanding experience with this law firm after my car accident. From start to finish, they handled everything with professionalism, care, and attention to detail.- Oscar A.
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"Satisfaction Guaranteed"Mr. Andrew Kasmer is the best lawyer of all time. I will refer anyone involved in a car accident, or at work to contact the Law Offices of Andrew Kasmer.- Milan F.
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"Lawyers That Truly Care"I highly recommend this law firm. Mr. Holston helped navigate my worker's comp case to a more than satisfactory settlement that would not have been reached on my own.- Melanie C.
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"Work Hard to Get What You Deserve"A wonderful group of attorneys. They worked very hard in my case and set proper expectations to start. I was advised along the way and while my meetings were short and direct to the point, I didn't feel like any of my questions didn't go unanswered.- Frank S.
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"Worth Every Penny"I hired Mr. Kasmer two years ago for a DUI-related incident. He went above and beyond to make sure that I was well-informed and involved in what was going on. I have never had a better experience with a lawyer. I was very confident in his ability.- Jessica T.
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"This Lawyer Is a Winner"Andrew Kasmer is the best lawyer! I do not say that lightly. Mr. Kasmer worked so diligently on my workers' compensation case. He never gave up, counseling me and guiding me through.- Nicole M.
Virginia’s Contributory Negligence Rule & Drunk Driving Claims
Virginia follows a pure contributory negligence rule in civil court: if a victim is found even 1% at fault for the crash, they may be barred from recovering any compensation. Insurance adjusters sometimes attempt to shift blame onto the victim precisely because of this rule, looking for anything in the accident record that could support a partial-fault argument.
We address this risk at the evidence-gathering stage, not at the end of the case. Our focus is on establishing the causal link between the impaired driver’s choices and the crash, drawing on BAC test records, field sobriety observations, officer body-camera and dash-camera footage, 911 audio, business surveillance footage, witness statements, and accident reconstruction where the facts support it. Virginia’s statute of limitations for personal injury claims is generally two years from the date of the crash, though individual circumstances can affect that deadline. Waiting to act can mean losing access to time-sensitive evidence before a case even starts.
Acting Quickly to Protect Your Claim
Evidence disappears fast: video footage gets overwritten, electronic records are lost, and witnesses become harder to locate. Early engagement lets us preserve BAC test records, electronic data recorder information, and other materials that can strengthen your position at every stage, whether the matter resolves in negotiation or proceeds to the Fairfax County Circuit Court. Cases filed in Fairfax County go to the General District Court for smaller claims or the Circuit Court for larger claims and jury trials. We know both venues and prepare accordingly.
Talk to a Fairfax Drunk Driving Accident Lawyer for Free
If a drunk driver injured you or someone in your family, don’t wait to find out where your case stands. We offer free consultations with no obligation, and we work on a contingency fee basis: you pay nothing unless we recover compensation for you. Our attorneys serve clients throughout Fairfax and Prince William Counties from offices in Fairfax and Woodbridge.
Call Law Office Of Andrew S. Kasmer at (571) 350-8562 or reach us through our online contact form. Hablamos español.