Injured by a drunk driver?

Q: What things must be proven in court when bringing a Dram Shop Claim?

The Dram Shop statute requires: The sale “contributed” to the driver’s intoxication and the intoxication is a direct cause of the victim’s injuries or damages. These can include medical bills, lost wages, property damage, and pain and suffering. Additionally, the surviving family of a victim who passes away as a result of the accident can also sue for loss of support. A Wrongful Death claim may be made by the victim’s survivors directly against the drunk driver. If the survivors make a Dram Shop claim, the survivors must each bring it individually. A claim for punitive damages may be pursued against the drunk driver. If the drunk driver’s blood alcohol level tests above .08, you have a right to make a motion before a judge to add a claim for punitive damages pursuant to Minn. Stat 169A.76.

Being injured or losing a loved one due to a person’s selfish decision to drive under the influence can be life-shattering. We understand. One of our team members lost her son to a drunk driver. If this happened to you, nobody would fight harder than us to get you the compensation you deserve.

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What to do if you are injured by a drunk driver

First Steps

Call the police and try to keep the at-fault driver at the scene. Make sure you gather the at-fault driver’s information, including name, contact information, and insurance policy information.
Seek emergency medical attention.
Photograph your injuries both immediately and throughout the healing process. Also photograph any property damage, including damage to your vehicle.
Contact an experienced auto accident attorney.
Keep a journal to record your pain as you heal, so you can recall this later.

What are my rights?

You have the same rights as any victim of a car crash, plus the potential right to additional compensation from a bar if it can be proven that they overserved alcohol to the at-fault driver. This is known type of action is known as a Dram Shop lawsuit. Under Minn. Stat. § 304A.801, a liquor establishment (usually a bar, restaurant, or liquor store) can be held liable for injuries stemming from the intoxication of the drunk driver, if the sale was illegal.

Generally, illegal sales include:

Sales to a minor.
Sales to an obviously intoxicated person
Sales made during a prohibited time of day/day of the week.

From our clients

TESTIMONIALS

I spoke with a few different firms prior to my conversation with Mrs. Heinlein. Her personality and legal expertise were an oasis of hope during a tumultuous time. She was, and is, a warm, empathetic, honest, supportive, intellectually gifted, forthright, and highly dedicated individual. She is exactly what I needed and I can't recommend her enough. I want to note one instance that, for me, sums up the type of person Mrs. Heinlein is. The culmination of events inevitably got the best of me and, during one of our conversations, I had a pretty significant meltdown. Crying, feeling sorry for myself, the whole nine yards. She listened to me, was patient, calm, and spoke to me as a human being and not, "just another client". This may not mean much to others, but for me, her response demonstrated that, above all else, she understood and truly cared about my wellbeing. As stated earlier, I cannot recommend her enough. She was my rock and, regardless of outcome, I will forever be grateful for having her by my side.

When I was in my accident, I was physically, emotionally, and financially devastated. My leg was crushed, and I was unable to work and was diagnosed as permanently disabled. Attorney Priscilla Lord was with me every step of the way. She and her team handled the complicated details of my case, so I could focus on healing. She made several trips from the city to "Up North" to meet with me and prepare me to trial. Priscilla got me a verdict of $2,400,000.

Heinlein Law fought for the compensation that I and my family needed and deserved. I'm so glad that I chose Priscilla and her team. Priscilla is an attorney who truly cares about me and my family and has become a part of my extended family. I would highly recommend Heinlein Law to anyone who has been severely injured by another person's negligence.

Both my family's and my own experience with Heinlein Law have been very wonderful during a period of hardship in our lives. Their demeanor and honesty have made dealing with accident claims and insurance agents a much less daunting ordeal. I sincerely appreciate all of Priscilla and her staff's hard work and genuinely recommend them to anyone in need of legal representation.

Ms. Heinlein was invaluable in helping me prepare for the meeting with my professional licensing board. I felt confident to speak before my licensing board to discuss my application after meeting with her and also regained clarity on my professional aspirations and goals. She took the time to understand my unique situation and was able to lay out the possible outcomes of my meeting with the licensing board based on her experience. We had a favorable outcome as a result of the preparation for the meeting, and I appreciate Ms. Heinlein's service in helping me gain that outcome. Her staff's help and support was also invaluable and I would recommend Heinlein Law to others who are in need of legal assistance to obtain / maintain their professional license.

They are interested in YOU. Talk to them and this will be immediately apparent. Not so much with other law "factories."

It was just great having Missy represent me in a dispute with the Board of Behavioral Health. She knew exactly what to do and how to do it. The outcome was fabulous. I have high regard for her professionalism, kind and respectful manner, and would not hesitate to suggest her representation. Thanks Missy.

Priscilla, I am sorry it has taken me some time to get a chance to email you and say thank you. I am so grateful for your time and effort with my case. I definitely needed professional legal help to get me through a tough time. I am so glad I chose your team to support me. I really appreciate your confidence in me and your patience.

Thank you for believing in me from the start. Right away you were aware that I was in an unfair situation and I needed help to set the record straight. I could not be happier with the result. I can leave this issue behind me with the knowledge that good things really do happen to good people. I am enjoying my current job and spending lots of time with my family. Thank you for taking care of all the details so I could face the Board feeling prepared. I would not have been as successful without you.

I was devastated after my accident. My knee was shattered. I was in pain and out of work for 6 months. When I returned to the work force, I had to learn a new trade, as I was no longer able to perform my old one.

Heinlein Law made it easy for me to focus on my rehab and leave the legal tedium to them. Over 4 years and through 3 knee surgeries, they insulated me from insurance and work comp adjusters. They navigated me through a complex process that I can't imagine tackling on my own.

When I received my six-figure settlement this year, I was glad that I had contacted Heinlein Law. They got me the maximum settlement and allowed me my best chance at a full physical recovery. Thank you!

Priscilla and Missy were invaluable in helping me through a difficult time. I was having a hard time understanding the terminology of the Medical Board allegations. Both of them were able to help me understand and evaluation how the situation and lack of policies played a role in the complaints. They were able to view the case from different angles. Melissa took it upon herself to write up the entire response for the Board. I incorporated my suggestions and feedback and presented a solid defense.

Before the Board meeting they helped me through the process and answered all my questions, no matter how trivial. Melissa was always available for personal, phone or email consultations. She kept me up to date with the expenses. Although they were both positive, they presented a very realistic picture of the proceedings and expected outcomes. With their help, I had the best possible outcome- my case was dismissed completely. I am foremost grateful that they believied in me 100% and supported me throughout the process. I am very pleased with the professionalism, kindness, and outcome. I recommend them without reservation.

Heinlein Law is by far the most knowledgeable and caring law firm in Minnesota. Their willingness to explain the law and their findings was exceptional. Their professionalism and caring nature made my experience with them a positive one. They have impacted my life and my family's life. Priscilla and Melissa never left my side during some of the toughest days of my life. The constant contact made you feel that your case was important, I never felt like I was on the back burner.

They fight for what is right and just! They are absolutely the greatest attorneys' office in my mind.

Heinlein Law has helped me tremendously on two occasions. They were nothing short of courteous, polite, helpful, and hard-working. They kept me up-to-date on everything and gave me updates regularly. They were able to get me fair settlements on both occasions. I could not have asked for any more from them. They were also patient with me, as I was busy and did not always get back to them in a timely manner. I will definitely be going back to them without question next time I need to. Professionalism to the max.

I came to your law firm looking for legal advice. I immediately felt very comfortable and at ease as the attorneys and staff were very approachable. You took on my case and worked with me, making me feel like I was someone important. I have never met a more compassionate group of people. You got the job done, and I couldn't have asked for better representation. I would come back to you guys in a heartbeat, and I would recommend you to anybody. You guys were so good and so sweet to me. You alleviated a lot of my stress, and helped me when was I was hurting. You were just wonderful. The entire firm and its staff made me feel very much at ease.

I had the opportunity to work with Heinlein Law on a complex Professional Board issue. They listened well and taught me much about how the professional boards work. They were totally supportive throughout the process. I would encourage anyone in need of legal services to contact them.

Melissa Heinlein provided me with phenomenal legal counsel and I would highly recommend her to anybody.

I had an excellent experience with Heinlein Law. The attorneys provided sound legal guidance and the appropriate expertise for my case. At a difficult time in my life they treated me with kindness, care, respect and professionalism. I will forever be grateful to them for the successful outcome of my case.

Hi Melissa, I want to let you know working with you was the best thing that happened to me. Your communication and listening skills made a difference in my case with the Board of Nursing. You treated me like a human being not a number. Also, your compassion and caring attitude played huge role to the success. I can not thank you enough for your effort and hardwork. I will surely recommend friends to you if they have a problem with the Board of Nursing.

I knew I had contacted the right attorney when Pricilla Lord called me back personally while she was on vacation. After explaining why I needed legal counsel (my son was bit by our neighbor's dog) her response was genuine and empathetic and centered around how my son was doing. The Heinlein Law team sincerely cared about my son and our family and kept our best interest at heart throughout the entire legal process. Their communication and expedition was top-notch as well. I would recommend them to anyone!

Heinlein Law represented me in defending my license in a Board complaint. Their quick response to my call and knowledge in how to navigate the process gave me the reassurance and peace I needed during one of the most difficult times in my career. They are kind and highly professional.Their expertise allowed me to focus on my work with my patients because I knew they were on my team!

I am so thankful for having you in my corner and believing in me this past year. You truly are talented and advocate for your clients in a very personal and important way. You gave me the kind of support I really needed throughout the process. Thanks so much for helping me to begin to enjoy each day again.

Excellent service! Melissa Heinlein helped me resolve an issue with the MN board of nursing and I was very pleased with the outcome. Would definitely recommend!

I recently responded to a request for individuals who had been prescribed a certain drug and who would like to be part of a class action suit. I called Priscilla Lord. I have had very little experience with attorneys or class action suits. Priscilla was very understanding and explained the procedures in language that I could understand. She went over the 'best' case scenario and the worst case scenario. I choose to proceed. Priscilla and her staff were extremely helpful. They walked me through the many, many forms, helped me with the medical requests and were generally there for me when I had questions. I am grateful that my first experience in the legal arena was a pleasant one. I would not hesitate to refer Heinlein Law to anyone who needs legal advice.

Dear Melissa,

I wanted to let you know how much your counsel and wisdom meant to me during these last 8 months. Mostly, your assurance and belief in me will never be forgotten. I celebrate the success of the case with you as I remember your poise and steadiness throughout. I will forever be grateful to you and the office of Heinlein Law. Take care.

My family and I want to thank you for all the hard work you did representing us after our mom's death. In one way its hard to believe that it's been two years ago already, but in another way it still seems so fresh a memory. Time goes on and with that it does bring some healing. Thank God for the memories of the past, so we can keep them in our hearts and close to us.

Dear Missy and Priscilla, I want to thank you so much for your care and professionalism during a really hard time. Your knowledge of the law and your advocacy were wonderful, and I am truly grateful.

Hi Priscilla, I just wanted to take a minute to say thank you for including me. This e-mail comes from the bottom of my heart. I have always hoped that someone would be crazy enough to give me a shot. You always treated me like a full member of your team. The trust that you put in me was the proudest I have been of myself in a long time. I learned and am learning so much from you. Priscilla, you are the definition of an advocate. Your passion for people and what it right is a constant inspiration that you can do what you love and do what's right. Your passion for your clients and justice is contagious. You are an amazing role model and an amazing person.

Still trying to gather all my emotions but what you did for me was beyond belief. Thank you for everything you did.

Best law firm ever! Had great knowledge and understanding of the system. Would recommend them to anyone!

Heinlein Law handled my file with as much passion and care as if I were a member of their own family. They never gave up on me no matter what. They were very professional, and also very kind.

Melissa helped me to get a good outcome. She was understanding and helpful every step of the way.

I want to take this time to thank you Priscilla Lord Faris and your staff for the many years of service you gave my case. I'm very grateful for all you have done. I know that the payment you received was not enough to cover the many endless hours you gave my case, and of course I also feel cheated by Dow Corning but even more by the judge who did nothing to help us. Again I thank each of you and again I hope Dow Corning will end up owing us more settlement.

When I hired the Heinlein Law to defend me from a frivolous business lawsuit that had dragged on for several years, I was impressed at the high degree of personal service and attention to detail that they devoted to my case. I am grateful to these dedicated professionals for their successful handling of this serious matter.

For anyone considering trying to get some compensation for an accident that has happened to them, I would definitely have Priscilla Lord represent me. She is very knowledgeable and thorough about all the steps that need to be taken to get the end result and feel satisfied that everything possible was done. With her experience, she knows the individuals who can be helpful and the ones that wouldn't. She and her staff are very hard working and diligent. They keep you informed as to how things are progressing, and what they need from you. You have to be patient as it can be slow moving since it usually involves lots of details. She makes you feel it will all be okay and you won't feel uptight about anything. If she says she will take your case, she definitely feels it is worth pursuing, and you can feel confident in hiring her to represent you. To Priscilla and her staff, I owe a huge THANK YOU for a job WELL DONE!!

You always have been a Super Lawyer. The title is a little late in coming. Thank you and your great staff for fighting for all of us in the Silicone Breast Implant case. It has been a big challenge and certainly a big pain. I, once again, wish to say a very sincere 'Thank You.'

I contacted Heinlein Law at 5:30 p.m. on a Wednesday night and by noon the next day Priscilla was guiding my way through a very difficult situation. She made sure I understood what was going to happen and was there for me the entire way. I was very pleased with the outcome of my case. Thank you, Priscilla

Dear Priscilla & workers - Many thanks for the Class 5 disease claim check.
I could not believe that after so many years there was finally some payment. That, of course, was due to your persistence. I am most grateful.

Hey Priscilla, Congratulations on your being recognized as a 'Minnesota Super Lawyer' for the second consecutive year. That's awesome. I cannot tell you how much I (and my family) appreciate all the work you put into our case. You brought much needed calm to a very volatile situation. Our business is so emotional. You are a blessing.

Dear Priscilla and Staff, I apologize for being so neglectful in thanking you for all the work and time you gave to me and my husband for my personal injury claim. We appreciated meeting you, and you were most helpful and accommodating. For being our first encounter with a personal injury claim, we were somewhat apprehensive of all that would take place. However, you made us very comfortable and the outcome was very much to our liking! You must have done an exceptional job of preparing the information as we were not asked any questions during our final visit. Thank you!

Hi Priscilla,I wanted to thank you for all the work you have done for me this last year. You were extremely helpful in explaining everything, and in listening to what I had to say. I really appreciate that!

Thank you for sending my settlement check express mail. I appreciate the time and extra effort and expense you have given my settlement. You have my trust and confidence. Again thank you. I have not felt like a number. I believe that both you and your staff really care.

This note to you is overdue. I just wanted to thank you for the efforts put forth in the case against Dow-Chemical. It required a lot of patience on your part as well as ours. My family doctor was pleasantly surprised with the outcome.

On behalf of the board of Women Against Silicone Poisoning I'd like to extend our deepest gratitude to you for your financial support toward our symposium in May and for your continued emotional support both past and present. It means a great deal to all of us and our prayers are with you.

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Frequently Asked Questions

What are my legal rights if I am injured by a drunk driver?Melissa Heinlein2025-02-14T16:57:32+00:00

What are my legal rights if I am injured by a drunk driver?

What legal rights do I have against a drunk driver who injured me in a crash?

You have a right to collect from the driver’s insurance.
You have a right to collect from the driver.
If the driver was overserved alcohol at a bar, you have a right to collect from the bar in a Dram Shop suit.
You may have a right to collect from your own insurance for underinsured or uninsured benefits
You have the right to collect No-Fault benefits as outlined in your insurance contract
You have the right to have your automobile/truck repaired or replaced.
If the drunk driver’s BAC is over .08% you have a right to make a motion for punitive damages at the end of the trial.

Can I bring a dram shop claim against a bar or restaurant so they can be held liable for damages caused by an intoxicated patron?Melissa Heinlein2025-02-14T16:59:13+00:00

Can I bring a dram shop claim against a bar or restaurant so they can be held liable for damages caused by an intoxicated patron?

Yes. This is called a Dram Shop Claim. Under Minn. Stat. § 304A.801, a liquor establishment (usually a bar, restaurant, or liquor store) can be held liable for injuries stemming from the intoxication of the drunk driver, if the sale was illegal.
Generally, illegal sales include:

Sales to a minor.
Sales to an obviously intoxicated person.
Sales made during a prohibited time of day/day of the week.

More information on Dram Shop claims can be found here.

What things must be proven in court when bringing a Dram Shop Claim?Melissa Heinlein2025-02-14T17:14:23+00:00

What things must be proven in court when bringing a Dram Shop Claim?

The Dram Shop statute requires:

The sale “contributed” to the driver’s intoxication and the intoxication is a direct cause of the victim’s injuries or damages. These can include medical bills, lost wages, property damage, and pain and suffering. Additionally, the surviving family of a victim who passes away as a result of the accident can also sue for loss of support.
A Wrongful Death claim may be made by the victim’s survivors directly against the drunk driver. If the survivors make a Dram Shop claim, the survivors must each bring it individually.
A claim for punitive damages may be pursued against the drunk driver. If the drunk driver’s blood alcohol level tests above .08, you have a right to make a motion before a judge to add a claim for punitive damages pursuant to Minn. Stat 169A.76.

Who has the right to sue the bar that over-served the drunk driver who seriously injured or killed another person?Melissa Heinlein2025-02-14T17:02:33+00:00

Who has the right to sue the bar that over-served the drunk driver who seriously injured or killed another person?

The following persons can file a lawsuit against the bar that over served the intoxicated person who caused the crash.:

Any dependents can recover for loss of means of support, property loss and pecuniary loss. Any dependents include the following: a spouse, child, parent, guardian, employer, or other person, injured in property or means of support.

Will the dependents be punished by the fact that the intoxicated person was partly at fault for their own injury?

No. Comparative fault will not be charged against the family of the allegedly intoxicated person.

Does the person who is injured by their own intoxication have a right to sue the establishment?

The law does not allow the intoxicated person to sue the bar for causing their injury, no matter what. If he/she dies as a result of the intoxication, their estate cannot sue, but the family members as dependents can sue. Minn. Stat. 340A.801. subd. 1.

Can I punish the drunk driver who caused our crash and the resulting injuries and death?Melissa Heinlein2025-02-14T17:09:29+00:00

Can I punish the drunk driver who caused our crash and the resulting injuries and death?

Is there a way I can have the drunk driver punished for driving drunk and hurting or killing someone else?

A claim for punitive damages may be pursued against the drunk driver. If the drunk driver’s blood alcohol level tests above .08, you have a right to make a motion before a judge to add a claim for punitive damages pursuant to Minn. Stat 169A.76.

What are punitive damages?

Punitive damages are designed to punish or deter a person who has acted in a willful or indifferent manner towards the rights and safety of another. Juries decide how much to award for punitive damages, after they have found a defendant liable. This type of award is not limited, it can be as big or as small as a jury thinks it should be, and it comes directly out of the drunk driver’s pocket which may act as a deterrent to future drunk driving.

Is Drunk Driving still a problem in Minnesota?

In 2015 there were 95 fatalities in Minnesota from alcohol-related crashes, accounting for approximately 30% of all automobile fatalities that year. Historically, accidents involving alcohol cause more serious injuries. Recent figures show that 12 percent of moderate injuries and almost 36 percent of severe injuries from automobile accidents in Minnesota were the result of an alcohol-related crash. There were more than 25,000 impaired driving incidents in Minnesota in 2015. Although drunk driving rates are on the slow decline since they began to track them in 1982, drunk driving is still a problem in Minnesota.

What Is Social Host liability?Melissa Heinlein2025-02-14T17:10:26+00:00

What Is Social Host liability?

Under Minnesota social host liability laws, adults who serve or provide alcohol to minors can be held liable if the minor person who was provided alcohol kills or injures another person. Minnesota does allow a civil cause of action against a social host who provides alcohol to those who are under 21. Priscilla Lord was part of the Robert Wood Johnson sponsored study group that wrote the Social Host laws. She helped to lobby the legislature that resulted in the passage of the Social Host law. in 2000.

Why Is Social Host liability important?Melissa Heinlein2025-02-14T17:12:21+00:00

Why Is Social Host liability important?

The most common sources of alcohol are the young person’s own home or from persons over the age of 21 who purchase alcohol for them. Social host liability may deter parents and other adults from hosting underage parties and purchasing/providing alcohol for underage youth. The law protects minors from injuring themselves and others because of their illegal consumption of alcohol. This bill has given parents the courage to say “no” to facilitating underage consumption of alcohol.

Additional Resources

Social Host Law

Information for Victims of Drunk Driving

No Fault Survivor Benefits

Anatomy of a Personal Injury Lawsuit