While you are still recuperating from your injuries, having an experienced St. Mary’s drunk driving accident lawyer at John Foy & Associates handling your case may be in your best interests. Contact our team for a free consultation today and learn more about how we can help you recover the compensation and justice you deserve.
Who to Sue for a Drunk Driving Accident in St. Mary’s
Your drunk driving accident lawyer in St. Mary’s will be able to handle all of the necessary legal details of your accident claim. This includes figuring out and identifying all potential parties who could be held accountable for your damages.
You might think it is obvious that the drunk driver who hit you is to blame for your injuries. This is often the case. However, you might also have the right to compensation from other parties who may have contributed to the defendant’s drunk driving.
For example, if a restaurant or bar sold alcohol to someone who was already clearly intoxicated, and that party went on to cause a collision, according to the liability laws surrounding Georgia dram shops, this establishment could be held accountable for your losses. The same applies to social hosts, which might include parents of teenagers who allow underage minors to consume alcohol and then get behind the wheel. Your lawyer will need to conduct a thorough investigation to identify all potential at-fault parties so you can be sure you are being compensated fairly for your suffering.
How to Recover Your Drunk Driving Accident Damages in St. Mary’s
If you were hoping to recover your drunk driving accident damages in full, filing a claim with the insurance company alone may not be the best option for your case. To start, if your drunk driving accident attorney in St. Mary’s, GA files a claim with the drunk driver’s insurance company, the company might attempt to argue that insurance coverage is not in effect at the time of the accident due to the drunk driver’s impairment. However, that is not necessarily a viable argument.
Since insurance companies lose money every time they pay out on a claim, you can almost expect them to attempt to reduce the amount of compensation they are going to be required to pay you. If the defendant has insurance coverage and the insurance company is willing to pay, the insurance policy may only cover certain types and amounts of losses.
When you can only recover your medical expenses and vehicle repairs from an insurance claim, bringing your drunk driving accident case to trial may be the only way to recover any losses the insurance company did not cover, plus all of your non-economic damages as well.
Types of Recoverable Damages in St. Mary’s Drunk Driving Accident Claims
Our St. Mary’s drunk driving accident attorneys are here to guide you in your attempt to maximize the amount of compensation you are awarded. There are two primary types of damages awarded in drunk driving accident claims. These include compensable damages and exemplary damages. Here is more:
Compensable Damages
Compensable damages will describe every loss you have the right to recover. They include monetary damages and non-monetary damages. The emotional trauma you experienced, all of your financial losses, and compensation for your physical injuries will be included in this category of damages.
Examples of compensable damages could include:
- Mental anguish
- Pain and suffering
- Lost income
- Medical bills
- Property damages
- Loss of future earnings
- Diminished quality of life
- Loss of consortium
Exemplary Damages
Exemplary damages are also known as punitive damages. These are not losses that you are entitled to recover as part of your drunk driving accident lawsuit.
Exemplary damages are awarded by the court system when the judge or jury finds the defendant’s breach in the duty of care to be intentional, grossly negligent, or malicious.
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Statute of Limitations for Drunk Driving Accidents in St. Mary’s
Our drunk driving accident lawyers recommend getting started on your lawsuit as soon as possible after your collision. Although going to court and reaching out to a St. Mary’s drunk driving attorney for help may not be at the forefront of your mind, it is important to work with an attorney as soon as possible if you hope to avoid certain personal injury laws affecting your right to compensation.
One of the top mistakes drunk driving accident victims make is waiting to contact internally for help. The statute of limitations will begin running from the day your accident occurs in most cases. Under Georgia law, it will then expire two years later.
Of course, there may be certain circumstances in which the statute of limitations is tolled. For instance, if you were under 18 at the time of the accident, the statute of limitations may expire two years from the date of your 18th birthday.
It is not uncommon for drunk driving accident victims to be unsure when the statute of limitations will run out for their case. Fortunately, when you contact your lawyer for legal guidance and support, you can get the answers you have been looking for and avoid being barred from having your case heard.
Speak with a St. Mary’s Drunk Driving Accident Attorney Today
Drunk driving accident claims may be more involved than you previously thought. However, when you have an experienced St. Mary’s drunk driving accident lawyer at John Foy & Associates handling your case, you do not need to worry about any of the legal details of your case.
We will identify all liable parties, build a compelling case against the defendant, and ensure you are compensated for every loss. Find out how to get started when you contact our team for a free consultation. You can reach us by phone or through our convenient contact form to schedule your case evaluation today.
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