Being hit by a drunk driver is a traumatic experience that can leave victims dealing with not only physical injuries, but emotional stress and financial strain. Drunk driving is a reckless and illegal act, and if you have been injured because of someone else’s decision to get behind the wheel while intoxicated, you have legal rights and may be entitled to some major compensation. Lastimado Texas will walk you through your legal options after being hit by a drunk driver and how to protect your claim.
Your Legal Options After Being Hit By a Drunk Driver
File a Personal Injury Claim: If a drunk driver caused your injuries, you have the right to file a personal injury claim against them to seek compensation for:
• Medical Bills, Pain and Suffering
• Lost Income and Future Wages
• Emotional Distress
• Property Damage
• Loss of Enjoyment of Life
In many cases, insurance companies will try to settle these claims quickly but often for less than what you actually deserve. A personal injury lawyer can help ensure you get proper coverage and financial aid.
Pursue Punitive Damages: Unlike most car accident claims, cases involving drunk drivers may qualify for punitive damages. These are meant to punish the at-fault driver for egregious misconduct and deter others from similar behavior. If the court determines the drunk driver acted with gross negligence or recklessness, punitive damages can greatly increase your total compensation.
File a Civil Lawsuit: If the drunk driver’s insurance doesn’t fully cover your damages or if they don’t have insurance you may need to file a civil lawsuit against them personally. This is often necessary in serious injury or wrongful death cases. Even if the at-fault driver is facing criminal charges, you can still file a separate civil lawsuit to recover compensation.
How Criminal Charges Affect Your Case: If the drunk driver is charged with DUI or DWI, that can actually help your civil case. A criminal conviction:
• Serves as strong evidence of negligence or recklessness.
• May lead to the release of police evidence.
• Can support your claim for punitive damages.
However, you don’t need a criminal conviction to pursue a civil case. Civil claims have a lower burden of proof, meaning you can still win your case even if the drunk driver isn’t convicted.
Why You Should Work With a Personal Injury Lawyer
Drunk driving accident claims can be more complex than standard car accident cases, especially when punitive damages. An experienced personal injury attorney can:
• Investigate the crash
• Collect evidence of the driver’s intoxication
• Handle insurance negotiations
• Estimate the full value of your damages
• Represent you in court, if necessary
The right legal team will focus on maximizing your compensation while you focus on healing.
Personal Injury Attorneys in Mansfield, TX (Just Minutes from Midlothian, Euless, Bedford, Irving, Hurst, Burleson, Kennedale, Grand Prairie, Duncanville, Waxahachie, Red Oak & Arlington, Texas)
Getting hit by a drunk driver is life-altering but you don’t have to face the legal and financial aftermath alone. The law is on your side, and with the right guidance, you can seek justice and recover the compensation you need to move forward. Contact Lastimado Texas for your first consultation today.
