I got hit by a drunk driver; what am I entitled to? This question almost always comes up at one point or another after such an incident. If you get hit by a drunk driver, you may leave the experience with physical injuries, emotional trauma, and financial burdens. Normally, car insurance should cover the harm you’ve suffered, but it’s often necessary to go to court. A skilled accident lawyer can help you get the full scope of compensation you’re entitled to.
I Got Hit by a Drunk Driver, What Am I Entitled To?
In North Carolina, the victims of drunk drivers are entitled to a wide range of potential sources of compensation. As in all car accidents, the party who isn’t at fault can sue for the direct and indirect damages they’ve suffered from the accident.
Obvious types of compensation include the cost of your medical bills, auto repairs, and other direct economic damages. However, it’s also possible to go much further. A successful lawsuit can award damages for financial losses related to your downtime, as well as abstract harm such as pain and emotional distress. If you got hit by a drunk driver, the court may even award additional damages solely to punish the egregious behavior of the driver.
Every lawsuit is different, but the money you’re entitled to will stem from at least one of these categories:
- Economic damages
- Non-economic damages
- Punitive damages
Determining Damages
When assessing what you are entitled to, you need to understand the full scope of damages available. All tangible financial losses tied to the event may fall under the scope of economic damages, for instance.
Economic Damages
Economic damages refer to quantifiable financial losses resulting from the accident. In severe accidents, the largest economic damages are often medical expenses.
Damages for medical costs may encompass all costs related to your medical treatment, including hospital stays, surgeries, medications, physical therapy, and any ongoing healthcare needs. Even projected future costs can figure into economic damages. In a similar vein, any lost income related to the injury is claimable as damages. Direct lost wages during recovery, the loss of your job due to extended downtime, and time spent in a lower-paying position can all contribute to your claimable economic damages.
Non-Economic Damages
Non-economic damages compensate for a wide range of intangible losses that the court recognizes. These pain and suffering damages include, but aren’t limited to:
- Emotional Distress
- Loss of Consortium
- Loss of Enjoyment of Life
- Loss of Quality of Living
If a long-term romantic relationship suffers or ends because of your injury, that may be claimable. Injury-related disability preventing you from pursuing personal sources of happiness, such as sports or travel, are types of emotional damages. These are just a few ways the court can recognize and compensate for your injury-related emotional suffering.
North Carolina Allows Punitive Damages Against Drunk Drivers
So, back to the question, "I got hit by a drunk driver; what am I entitled to?" In cases involving drunk driving, North Carolina law permits the awarding of punitive damages. These damages are intended to punish the drunk driver for their reckless behavior and serve as a deterrent to prevent others from engaging in similar conduct. The court typically awards punitive damages in cases where the driver's actions were particularly egregious, especially in the case of repeat offenders.
Under N.C.G.S. 1D-25, North Carolina law permits punitive damages up to three times the total compensatory damages. The exception is if the compensatory damages are less than one-third of $250,000, in which case $250,000 becomes the limit.
What to Do After a Drunk Driver Hits You in North Carolina
If you are hit by a drunk driver in North Carolina, there are several important steps to take. Most car accident cases settle out of court, but you should always be ready to take your case before a judge.
Don’t accept any settlement without speaking with a lawyer first; car accident victims often feel okay for days or weeks, only to discover they’ve suffered a serious injury from the crash. Prematurely agreeing to settle can leave you facing extreme medical bills or long-term disability without the treatment you need. Follow these five steps to protect yourself after a collision:
- Ensure Everyone’s Safety: Make sure that everyone involved in the accident is in no immediate further danger.
- Call the Police: Report the accident to the authorities.
- Gather Evidence: Collect information from the scene, including photos, witness statements, and the other driver's contact and insurance details.
- Contact Your Insurance Company: Notify your insurer about the accident and provide them with the necessary information.
- Consult a Lawyer: Speak with an experienced attorney who can guide you through the legal process and help you understand your rights and options.
Obtain the Compensation You Deserve With Irons & Irons, P.A.
If you've been hit by a drunk driver, it's crucial to seek professional legal assistance to ensure you receive the compensation you deserve. Irons & Irons, P.A. has the expertise to handle the complexities of drunk driving accident claims in North Carolina. Our dedicated team is committed to fighting for your rights and helping you recover from your losses. Contact us today to learn more about how we can assist you in your journey to justice and recovery.