How To Get Compensation For Being Hit By a Drunk Driver

Filing a hit by a drunk driver claim is an important step toward getting the compensation you deserve. The options you have may vary depending on the circumstances and the applicable state laws.

First, as with any other car accident, you can file a claim with the drunk driver’s insurance company for compensation for your medical bills, lost wages, and other damages. If you live in a “fault” state, you can always take legal action against the at-fault driver; if you live in a “no-fault” state, you need to file a claim with your own insurance company first and must meet certain criteria to file a third-party claim. Either way, the legal action you take against the drunk driver is separate from any criminal charges.

In some cases, you may also be able to file a “dram shop” claim against the business that served alcohol to the drunk driver. The criteria to file dram shop claims vary from state to state – usually, you need to show that either the business served alcohol to someone who was already visibly intoxicated, or someone under the legal drinking age. An attorney licensed in your state can explain the applicable criteria.

You may also have access to no-fault benefits from your own insurance company such as personal injury protection (PIP) or medical payments coverage (MedPay).

If the drunk driving accident resulted in a death, the family of the victim may be able to obtain compensation through a wrongful death claim.

Proving fault is a critical component of getting compensation for a drunk driving accident. To show that the other driver was at fault, you need to provide evidence that proves their negligence caused the accident. This could include police reports from the crash scene that show the driver was impaired or had violated traffic laws. It is also helpful to have photos or videos from the crash scene and witness statements from individuals who saw what happened.

In addition to proving fault, you need to provide evidence of the extent of your losses. This can include medical records and bills that show the severity of your injuries and the cost of your medical treatment. Keeping a journal documenting your pain and suffering can help establish the emotional and psychological impact of the accident on your life.

Overall, the stronger your evidence, the better your chances of getting the compensation you deserve.

If you have been hit by a drunk driver, you may be entitled to compensation for various damages. Some of the damages you may be able to claim compensation for include:

• Medical bills
• Lost wages
• Pain and suffering
• Emotional distress

In some cases, it’s also possible to pursue punitive damages (called exemplary damages in some states) for a drunk driving accident. These are additional damages intended to punish the drunk driver for their egregious conduct.

Calculating compensation for being hit by a drunk driver can be complex, and many factors can affect the settlement amount. Several factors are typically considered when determining the settlement amount for a drunk driving accident, including:

• The severity of your injuries
• The cost of present and future medical treatment
• Lost income due to the inability to work
• Property damage caused by the drunk driver
• Overall pain and suffering
• Loss of enjoyment of life
• Loss of consortium

The average settlement amount for a drunk driving accident can vary widely depending on these factors. However, it is not uncommon for settlements to reach tens or even hundreds of thousands of dollars. While there is no definitive average settlement amount for drunk driving accidents, an experienced attorney can launch an investigation and determine an estimated compensation amount that they will strive to obtain for you.

After a drunk driving accident, hiring an experienced lawyer can be the key to getting the compensation you deserve. They know how the legal system works and can navigate through the system while protecting your rights. By working with a drunk driving accident lawyer, you increase your chances of getting the maximum compensation for your accident-related damages. Contact an attorney today and get one step closer to justice.