After a drunk driving accident, you can file a claim to hold the drunk driver responsible for all of your damages, including damage to your vehicle, medical expenses, and lost wages. If you are suffering from injuries that lead to physical and financial hardship, contact a lawyer as soon as possible. We can help you recover a fair settlement that accurately reflects what you’ve gone through.
Our drunk driving accident lawyers have years of experience with helping victims get justice and the settlements they deserve. Do not let yourself get cheated by the defense or the insurance companies. Do not hesitate to contact John Foy & Associates for a free consultation. Reach us at (404) 471-3348.
Damages You Can Be Compensated For
There are a variety of damages you can recover compensation for. The following includes examples of some of the more common types of damages victims include in their claims.
Medical Expenses
Hospitalization and emergency room visits can cost a fortune. Many Americans cannot afford exorbitant medical bills even if they have a good health or auto insurance policy. You should not have to face mounting debt because you sought medical care for your injuries.
When you pursue a settlement, you can get your medical expenses covered by the drunk driver responsible.
Vehicle Repairs and Replacement
Vehicle repairs are also not cheap. Many people need their car to perform essential functions like grocery shopping or to commute to work. Being without a car can be a huge detriment. If your vehicle was damaged in any way, you can hold the at-fault party liable to pay for any repairs or a replacement if necessary.
Lost Wages
Injuries from a car accident can leave you in no condition to do work properly. If your injuries keep you from earning money or put you out of a job, you can seek compensation for whatever wages you did not earn.
Pain and Suffering
Pain and suffering is non-economic damage, meaning that there is no cap on how much you can recover for it. A lawyer will need to help you accurately assess how much your pain and suffering is worth.
You Can Also Get Awarded for Exemplary Damages
The Official Code of Georgia Annotated (O.C.G.A.) §51-12-5.1 describes exemplary damages and how they apply to specific personal injury cases. You can only get awarded for exemplary damages if your case shows that the at-fault party intentionally caused the accident or was grossly negligent in their actions. This statute acts as a punishment to those that were extraordinarily irresponsible or malicious when they caused their accident.
Drunk driving almost always gets classified as a grossly negligent action. The maximum amount of exemplary damages awarded is $250,000, although there are some cases where there are no caps.
Comparative Negligence
In Georgia, your personal injury claim after a drunk driving accident is subject to comparative negligence rules. This means that you cannot file a claim to pursue compensation for an accident when you are more than 50% responsible for it occurring.
While the law is on your side when the person who caused your accident is drunk, remember that there is a chance that a judge can hold you partially responsible for the accident. If this happens, whatever percentage you get found liable for gets deducted from your final settlement amount.
The Statute of Limitations for Filing a Drunk Driving Claim
The Official Code of Georgia Annotated (O.C.G.A.) §9-3-33 states that you have two years to file a claim after a drunk driving accident. Do not procrastinate and file your claim soon after your accident. It is essential to get your claim rolling so our team can get started on obtaining your compensation quickly.
Often, insurance companies will settle out of court. However, there is a chance that your claim can escalate, and you will need to fight your claim before a judge and jury. This can take a long time and leave you waiting on a settlement while your damages continue to hurt your financial well-being. To avoid this, consult with one of our lawyers and act fast to win your settlement.
Contact Our Law Firm Today
With over 20 years of experience, John Foy & Associates has helped recover over one billion in settlements and verdicts. Contact us for a free consultation at (404) 471-3348. There is no risk. Our team is standing by, ready to assist you.