Worst of the traumatic experiences is when you innocently cross the pedestrian lane and all of a sudden hit by a raging car of a drunk driver. It's the very nature of accident – you never know when will it happen. But surely, you would know the legal actions to initiate if ever you get involved in such case. Only though which that you can somehow alleviate the suffering as you'll be able to recover the financial loses spent on hospitalization and other necessities during your recovery. But for these to be compensated, you have to file a personal injury claim. Before doing so, it is important that you know these legalities first:
Criminal Cases and Civil Damages
Unlike the other types of car accident, the one caused by a drunk driver has corresponding criminal liability because the drunk driving per se is against the law. As such, if you are hit by one, you can file a claim for compensation of injuries or loses – this, however, is considered as a civil aspect of the case. Meaning, you won't receive any compensation if the civil case is not filed and won by personal injury lawyer louisville ky notwithstanding the criminal charges filed by the prosecutor against the driver. Keep in mind that when filing a civil lawsuit, what you seek is the compensation of your injuries or damages which can take these forms: (1) special damages which include lost income, medical expenses, and economic loses, and (2) general damages which are intended for the compensation of physical and mental suffering.
Laws governing the Drunk Driving
There are certain laws such as “dram shop”, “social host”, and others governing the drunk driving or serving as basis to determine who's liable for the consequence of such malfeasance. That means then that the driver is not the only person who can be held responsible for causing the accident; other persons or companies may also be sued. For instance, if your state has “dram shop” laws, your personal injury lawyer louisville can pursue a claim against the establishment who served the alcohol to the drunk driver before the accident. Also, the same action can be initiated against the persons or members of sorority who provided alcohol to an underage guest or intoxicated guest. Meanwhile, you may also be eligible for the workers compensation claim which is different from the one rooted from drunk driving.
Uninsured and Underinsured Drunk Drivers
It would be unfortunate on your side if the drunk driver has no sufficient amount of insurance coverage to cover the compensation for your damages. If this is the case, the recourse is pursuing a Dram Shop claim against a bar or any other establishments that served alcohol to the former, and also a claim against your own insurance company. Nevertheless, this may not be a concern at all if your insurance policy covers the uninsured and underinsured motorists as your orlando injury lawyer can bring a claim against your insurance company for indemnification.
Be Careful When Negotiating for Settlement
The most apparent reason is this: the insurance company of the other driver will offer the lowest amount possible for your compensation. It is common yet always specious – so you have to be very wise. You can if you take time understanding that the aforesaid insurance company is not working for you, or does not have best interest towards your side.
While you already have basic knowledge about the legal options or actions when hit by a drunk driver, it is still clever to seek legal assistance from a competent kentucky injury lawyer to guide you in the process.
Unlike the other types of car accident, the one caused by a drunk driver has corresponding criminal liability because the drunk driving per se is against the law. As such, if you are hit by one, you can file a claim for compensation of injuries or loses – this, however, is considered as a civil aspect of the case. Meaning, you won't receive any compensation if the civil case is not filed and won by personal injury lawyer louisville ky notwithstanding the criminal charges filed by the prosecutor against the driver. Keep in mind that when filing a civil lawsuit, what you seek is the compensation of your injuries or damages which can take these forms: (1) special damages which include lost income, medical expenses, and economic loses, and (2) general damages which are intended for the compensation of physical and mental suffering.
Laws governing the Drunk Driving
There are certain laws such as “dram shop”, “social host”, and others governing the drunk driving or serving as basis to determine who's liable for the consequence of such malfeasance. That means then that the driver is not the only person who can be held responsible for causing the accident; other persons or companies may also be sued. For instance, if your state has “dram shop” laws, your personal injury lawyer louisville can pursue a claim against the establishment who served the alcohol to the drunk driver before the accident. Also, the same action can be initiated against the persons or members of sorority who provided alcohol to an underage guest or intoxicated guest. Meanwhile, you may also be eligible for the workers compensation claim which is different from the one rooted from drunk driving.
Uninsured and Underinsured Drunk Drivers
It would be unfortunate on your side if the drunk driver has no sufficient amount of insurance coverage to cover the compensation for your damages. If this is the case, the recourse is pursuing a Dram Shop claim against a bar or any other establishments that served alcohol to the former, and also a claim against your own insurance company. Nevertheless, this may not be a concern at all if your insurance policy covers the uninsured and underinsured motorists as your orlando injury lawyer can bring a claim against your insurance company for indemnification.
Be Careful When Negotiating for Settlement
The most apparent reason is this: the insurance company of the other driver will offer the lowest amount possible for your compensation. It is common yet always specious – so you have to be very wise. You can if you take time understanding that the aforesaid insurance company is not working for you, or does not have best interest towards your side.
While you already have basic knowledge about the legal options or actions when hit by a drunk driver, it is still clever to seek legal assistance from a competent kentucky injury lawyer to guide you in the process.