I Got Hit by a Drunk Driver, What Am I Entitled To Receive?

A collision with a drunk driver can be a deeply traumatic experience, leaving you facing not only physical injuries but also significant emotional and financial burdens. It’s natural to find yourself asking, I got hit by a drunk driver; what am I entitled to? You likely have the right to seek compensation for medical expenses, property damage, lost wages, and the emotional distress you’ve endured.
We’ll break down the important steps in pursuing a claim against the responsible parties, discuss potential outcomes, and explain the factors influencing settlement amounts. The Schmidt & Salita Law Team is here to provide guidance and support through this complex process.

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To Whom Can I Sue for a Drunk Driving Accident?

If you were hit by a drunk driver, several parties might be legally responsible, depending on the circumstances of the crash. Here’s a breakdown of who can be held accountable:

The Drunk Driver

The primary party responsible for causing the accident is the drunk driver. You can file a personal injury claim or lawsuit against them for their negligence. Common claims include damages for medical expenses, lost income, pain and suffering, and more.

Bars or Establishments (Under Minnesota’s Dram Shop Law)

Under Minnesota’s Law, bars, restaurants, or liquor stores may be held liable if they served alcohol to someone who was already visibly intoxicated and that person caused an accident. This is called a Dram Shop action.

Victims must send a written notice to the establishment detailing:

• The time and place of the incident.
• The name of the intoxicated person.
• When and where they were served alcohol.

Mistakes in this notice won’t automatically void your claim unless they significantly impact the case.

Auto Insurance Companies

Compensation may also come from insurance policies, including:

• Liability Coverage (from the at-fault driver’s insurance).
• Uninsured/Underinsured Motorist Coverage (from your policy if the driver lacks sufficient insurance).

Factors That Affect a Drunk Driving Settlement

Several factors can influence the compensation amount in drunk driving accident claims. Here are the most critical ones that could impact your case:

Severity of Injuries

The greater the extent of your injuries, the higher the medical expenses and pain/suffering damages will likely be. Severe injuries, such as broken bones, spinal injuries, or traumatic brain injuries, often result in more significant settlements.

Lost Wages and Future Earning Capacity

You might claim lost wages if you cannot work because of your injuries. If the injuries affect your ability to work long-term, compensation could also include calculating lost earning capacity.

Liability and Evidence

Strong evidence against the drunk driver, such as police reports, breathalyzer readings, or witness statements, can strengthen your case. Meanwhile, evidence of shared liability may reduce the settlement amount.

Insurance Policy Limits

Even if your damages are substantial, the insurance payout may be limited to the at-fault driver’s policy coverage. Your attorney will explore their financial assets or other avenues for compensation if needed.

Non-Monetary Losses

Pain and suffering, mental anguish, and loss of companionship can be factored into the settlement. These intangible damages are challenging to quantify, but crucial for fair compensation.

Expert legal representation is essential for accurately evaluating these factors and negotiating the best settlement possible.

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I Got Hit by a Drunk Driver, What Am I Entitled To?

Victims of drunk driving accidents may be eligible for compensation covering:

• Medical Expenses: From emergency care to long-term rehabilitation, including surgeries, hospital stays, physical therapy, and prescription medications.
• Property Damage: Car repairs or replacement costs, plus reimbursement for any valuables damaged in the accident, such as phones or laptops.
• Lost Income & Future Earnings: Wages lost during recovery and potential loss of future earning capacity due to long-term disabilities or reduced work capability.
• Pain & Suffering: Emotional distress, PTSD, anxiety, and diminished quality of life stemming from the accident and its aftermath.
• Punitive Damages: If the driver was grossly negligent (e.g., excessively intoxicated), punitive damages may be awarded to prevent future incidents and serve as a deterrent against reckless behavior.

Start the Journey to Fair Compensation

Seeking compensation after a collision with a drunk driver can be a challenging journey, but it can significantly impact your recovery. With experienced legal support, you can hold the negligent parties accountable and secure the financial resources needed to rebuild your life. You might find yourself asking, I got hit by a drunk driver; what am I entitled to?

The Schmidt & Salita Law Team will guide you through this process. Call (952) 473-4530 today for a free consultation.