What Can I Recover if a Drunk Driver Hits Me?
If you are involved in an accident as a result of someone else’s negligence, you are entitled to be compensated for all your losses, as long as you were not partially at fault. When a drunk driver hits you, it is usually a result of their negligence and recklessness. As in any personal injury case, they will be liable to compensate you for all your losses.
They may also be criminally prosecuted for driving under the influence. On top of these consequences, they also may be ordered to pay you punitive damages. Punitive damages do not compensate you for any of your losses. Damages that compensate you for your losses are called compensatory, or actual, damages. Most personal injury damages are compensatory in nature. However in certain cases where the liable party is also criminally charged as a result of the injury or accident, the court may order them to pay you punitive damages as a form of punishment.
Punitive damages, while financially beneficial to you, are used to deter the defendant from repeating such an offense. Punitive damages are not awarded in every case. They are only awarded in cases where the defendant’s behavior, such as driving under the influence, was particularly reckless, grossly negligent, or intentionally harmful. Driving under the influence puts other drivers on the road at a great risk and accidents resulting from driving under the influence are frequently fatal. If a drunk driver has hit you, consult with an experienced Georgia personal injury attorney to discuss your case. It is important you fully understand your rights to recovery prior to making a claim.
Punitive damages are only awarded in cases where there is clear gross negligence or intentional wrongdoing. There are also state enforced caps on punitive damages, so to get a good idea of what you stand to recover, speak with an experienced attorney. Being hit by a drunk driver can also cause significant emotional distress. These effects will be considered when your pain and suffering, or non-economic damages are determined. Personal injury cases involving drunk drivers are complex and require extra consideration. Speak with a personal injury attorney today to ensure you approach your claim in a way that will maximize your recovery.
Have you been involved in an accident with a drunk driver? Thomas C. Rowsey, P.C. is experienced in personal injury matters and will work hard to get you all the compensation you deserve. Based in historic Roswell, GA, Thomas C. Rowsey Attorneys at Law serves those across the greater Atlanta metropolitan area including Roswell, Alpharetta, Marietta, Milton, Johns Creek, Cumming and Sandy Springs. Contact our office today at (770) 993-5317 or fill out our online form to schedule a free consultation. Offering expert legal counsel in personal injury, criminal defense and family law, Thomas C. Rowsey Attorneys at Law are here to help.
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