After being hit by a drunk driver one of the most important things to consider, besides your physical health, is how you can recover compensation for your damages and losses. In such a serious case it is crucial that you obtain skilled representation. Contact a Memphis car accident lawyer for more information and legal advice today.
What Types of Compensation Can Be Recovered?
After being hit by a drunk driver you can recover a variety of types of compensation, categorized by either economic or noneconomic damages. Economic damages are ones that have a quantifiable monetary loss. Noneconomic damages are types of compensation awarded for intangible losses that do not necessarily result in financial loss.
If you are hit by a drunk driver you may be able to recover the following damages and more.
- Medical expenses
- Lost income as a result of time taken off of work to recover
- Costs to repair your vehicle and other personal property
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium
If your case goes to trial you can also be awarded punitive damages by the court. Punitive damages are additional financial damages awarded to a victim as a way to further punish the defendant. These damages have little to nothing to do with your losses they are simply designed to penalize the defendant and discourage them from participating in similar behavior in the future.
Is Tennessee a No-Fault Accident State?
No, Tennessee is not a no-fault accident state. In a no-fault accident state, after a car crash, both parties would file a claim with their own insurance for compensation regardless of who caused the accident. However, Tennessee operates on a fault-based system, meaning that the driver who caused the accident will be held responsible.
How Can I Recover Compensation After Being Hit by a Drunk Driver?
Because Tennessee is an at-fault state in terms of car accidents, if you were hit by a drunk driver you will recover compensation through the liable party. Your first step, after consulting with a personal injury lawyer, should be to file a claim against the drunk driver’s insurance. Through this claim, you can explain your injuries and losses before outlining the amount of compensation you are seeking.
If your claim is denied or the at-fault driver’s insurance policy is not enough to cover your expenses, you can also file a lawsuit against the drunk driver. Although driving under the influence is a crime, your lawsuit will only touch upon your injuries and losses, it has nothing to do with convicting the driver.
With the help of your attorney, you can gather and organize evidence proving the driver’s negligence in driving drunk. You must connect their actions to the causation of the accident and therefore your injuries. If you can prove that the defendant caused your accident and present evidence of the economic and noneconomic losses you have suffered, you can win your case and be awarded compensation.
For more information contact an attorney at Ballin, Ballin & Fishman, PC today.
