How Do You Collect Damages From a Drunk Driving Accident?
Despite the catastrophic injuries and untimely deaths that drunk driving accidents cause, numerous drivers still make the reckless decision to drink alcohol and then drive. If you or a loved one was hurt in an accident that was caused by a drunk driver, you have all the right to recover damages from the negligent driver.
Damages You Can Collect in a Drunk Driving Accident Claim
- Expenses for medical care following the crash, such as emergency services, hospitalization, medications, and medical treatments, among others.
- Ongoing and future expenses related to more medical procedures, therapy, rehabilitation, assistive devices, etc.
- Costs for replacing or repairing your property
- Lost earnings, including lost future wages and benefits
- Non-economic damages for pain and suffering, emotional distress, and loss of companionship
- Other out-of-pocket costs associated with the drunk driving crash
You may likewise be entitled to punitive damages. The court awards punitive damages to injured victims, not to compensate them but to punish offenders whose conduct was grossly intentional or negligent, such as in cases involving drunk driving accidents.
Ways to Collect Damages From a Drunk Driving Crash
If you suffered injuries in a drunk driving accident, you must file a claim against the drunk driver’s auto insurance coverage. If you’re also a driver or are covered under someone else’s PIP (personal injury protection) coverage, you must first file a claim against your PIP coverage and then file a claim against the driver’s insurance coverage if the PIP coverage isn’t enough to cover your damages. This also applies if you suffered serious injuries and are entitled to pain and suffering damages.
But insurance providers are ultimately in the business of making money, so they’ll attempt to get you to accept a quick settlement offer that will not be adequate to cover your losses. This is where legal guidance from an experienced Boca Raton personal injury lawyer is needed. However, if the insurer still doesn’t want to pay you what you’re owed, your lawyer can take your case to court.
Your lawyer will launch a thorough investigation of the drunk driving accident to determine fault for the crash and establish the driver’s negligence. This will prove that the driver is liable for your injuries and related damages and must compensate you fairly for your losses. This vital investigation will involve gathering relevant evidence to prove your claim, such as:
- The police report, video footage from police body or dash cams or other vehicles, and the arresting officer’s statement
- The results of the drunk driver’s blood alcohol test
- Witness testimonies
- Videos and photos of the crash
- Expert witness statements
- Your medical records
- Evidence from the driver’s criminal case
Consult with an Experienced Boca Raton Personal Injury Attorney Today
As you can see, handling a drunk driving accident claim and collecting damages can be complex. To help you secure the maximum compensation amount that will suffice for your losses, reach out to the Demand The Limits Personal Injury Attorneys now. Get started with your case by talking to our Boca Raton personal injury attorney in a free case review. Call 561-853-2137 or contact us online to schedule your appointment.