Legal Options If You’ve Been Injured By A Drunk Driver

Being injured in an accident caused by a drunk driver is not only traumatic but often results in physical, emotional, and financial challenges. Fortunately, the law provides several legal avenues to seek justice and compensation. These options include filing insurance claims, pursuing a personal injury lawsuit, and, in some cases, exploring claims against third parties. Here’s what you need to know about your rights and the steps you can take.

Seeking Immediate Medical Attention

Before pursuing legal action, prioritize your health. Seek medical treatment immediately, even if your injuries appear minor. Prompt medical care ensures your well-being and creates critical documentation of your injuries, which can be used as evidence in your case.

Reporting The Accident

After the accident, report it to law enforcement. A police report is often key evidence proving that the other driver was intoxicated. This document typically includes the officer’s observations, sobriety test results, and witness statements. If the drunk driver is arrested or charged with a DUI, this can further strengthen your claim.

Filing An Insurance Claim

One of the first legal steps is to file a claim with the drunk driver’s insurance company. Most states require drivers to carry liability insurance, which should cover damages resulting from their negligence. Depending on the circumstances, you can seek compensation for:

• Medical expenses: Costs for emergency care, hospital stays, surgeries, medications, and ongoing rehabilitation.
• Lost wages: Income lost due to missed work while recovering from injuries.
• Property damage: Costs to repair or replace your vehicle or other damaged belongings.
• Pain and suffering: Compensation for physical pain, emotional distress, and diminished quality of life.

However, insurance companies often attempt to minimize payouts, so it is advisable to have legal representation to ensure a fair settlement.

Filing A Personal Injury Lawsuit

If the insurance settlement is insufficient or the drunk driver lacks adequate coverage, you may need to file a personal injury lawsuit. Personal injury claims are typically based on negligence, and driving under the influence is a clear example of reckless behavior. In such cases, you can pursue compensation for the same types of damages mentioned above and possibly punitive damages. These are awarded in addition to compensatory damages and are intended to punish the drunk driver for their reckless conduct. They also serve as a deterrent to others.

In Virginia, the statute of limitations for filing a personal injury lawsuit is typically two years from the date of the accident. Consulting a Roanoke car accident lawyer right away ensures you meet all deadlines and preserve your right to compensation. Call The Law Offices of Mark T. Hurt for a free case evaluation and learn what legal recourse you may have.