Being involved in a car accident can be one of the most stressful times in your life, and that stress is only compounded when your accident involves a drunk driver. Drunk driver accidents are often some of the most devastating and legally complicated car accidents that there are, which means it can be difficult to know how to proceed after you’ve been hit by a drunk driver.
Fortunately, with the right advice and legal representation, you may be able to win a substantial settlement after a drunk driver has hit you. Learn what to do after you’ve been hit by a drunk driver, including getting help from an experienced car accident attorney so you win your case.
Types of Damages
When filing a personal injury lawsuit after you’ve been the victim of a drunk driving accident, one of the primary questions you may have is the damages available to you. Although it can vary from state to state, there are generally two types of damages available to you in a drunk driving personal injury lawsuit: Special damages and general damages.
Special damages are meant to make up for economic losses you’ve suffered as a result of your accident, such as medical bills and lost work time; general damages are usually awarded to make up for mental and physical suffering, and can be much harder to get since suffering is a fairly broad, subjective idea. Finally, if the actions of the drunk driver were particularly egregious, you may be awarded punitive damages, which are meant to severely punish the negligent party.
Don’t Be Quick to Settle
Because personal injury lawsuits are so stressful, many victims are quick to accept a settlement from the at-fault driver’s insurance company. However, you should be wary of any early settlement offer, as these are usually meant to mitigate the insurance company’s losses and will generally be way less than you deserve.
Before accepting a settlement offer, it’s important that you get advice from an experienced car accident attorney. The right attorney will be able to examine the details of the settlement and advise you on whether you should accept it or continue with your suit.
Laws that Affect Bars
Depending on where you live, the drunk driver that hit you may not be the only person liable in your case. Certain jurisdictions have laws that hold a bar or restaurant that continued to serve an evidently drunk patron liable for any resulting drunk driving accident. If you live in such a state, you may be able to file a civil claim against the liable establishment, increasing the amount of potential payout.
When planning your case, make sure to consult with your attorney about the liability laws in your state to see if you can file a claim against the business that continued to serve the drunk driver in your case.
What if You’re Hit by a Drunk Driver with No Insurance?
Finally, in many drunk driving accidents, the at-fault driver will not have insurance, leaving you in a difficult situation. In these circumstances, your best recourse is to file a claim against your own insurance, although these may come with its own complications depending on the extent of your policy.
Talk with a Car Accident Attorney
Recovering from a drunk driving accident can be difficult when you don’t have the compensation you need and deserve. After you’ve been hit by a drunk driver, fight for your claim with the help of a car accident attorney from the Disparti Law Group.
Our experienced personal injury attorneys will examine the facts of your case and help you file a suit so that you get your just settlement. Contact us today to talk about you can get the claim you deserve.