Being involved in a car accident is traumatic in itself, but if the driver who caused the crash was intoxicated the situation could be even more complex. Besides healing and recovering both physically and mentally after your accident with a drunk driver, you are likely wondering whether you are entitled to recover compensation for your damages. To learn more about the legal process and your rights, read on and consult with an experienced Monmouth County drunk driving accident lawyer today.
Can I Recover Compensation if I Was Hit By a Drunk Driver?
Yes, if you were hit by a drunk driver you have the right to seek compensation for your damages. In general, you may be entitled to economic damages, noneconomic damages, and even punitive damages depending on the details of the situation.
Economic damages:
- Medical expenses including hospital stays, doctor visits, surgery, medical treatment, prescription medication, rehabilitation, and future medical needs
- Lost wages for income lost due to your inability to work while recovering
- Future lost earnings due to your diminished earning capacity
- The cost of repairing or replacing your vehicle and any other property that was damaged in the accident
Noneconomic damages:
- Physical pain and suffering you experienced during your recovery
- Emotional distress and the development of psychological disorders like depression, anxiety, PTSD, and sleep disorders
- Loss of enjoyment of life due to an inability to participate in activities that once brought you joy
Punitive damages:
- Additional compensation designed to punish the drunk driver for their reckless behavior and discourage them from participating in similar actions in the future
You may be entitled to some or all of the above damages depending on the severity of your injuries and the details of the accident.
How Can I Collect Compensation?
Now that you know you could be entitled to compensation, it is important to understand your legal options. While you have many, compensation is generally collected through either an insurance claim or a personal injury lawsuit.
New Jersey is a no-fault accident state, meaning that regardless of who caused the accident each driver must first seek compensation through their own insurance for injury-related expenses. However, if you want to seek compensation for property damages or if your policy does not cover the entirety of your expenses, you can file a claim with the drunk driver’s insurance. Having a lawyer on your side to negotiate a settlement is generally recommended to avoid settling for a lowball offer or succumbing to the tactics of the insurance company.
If the drunk driver’s insurance isn’t enough to cover your damages or if the driver is uninsured, you may need to file a personal injury lawsuit. You must prove that the driver’s negligence caused the accident and your injuries and a jury will decide whether to award compensation.
To learn more about your legal rights and options, reach out to a skilled attorney at Falcon Law Firm today.
