If you or a loved one was hit and injured by a driver, you have the right to seek compensation for your injury and accident related costs. With the help of a lawyer, you are better positioned to receive the maximum amount possible of compensation from the responsible party. Talk to a lawyer to find out how he or she might be able to help you as well.
Personal Injury Claim
A DWI is a criminal charge, but as a civilian you will not have the authority to charge the driver with DWI. That will be up to the responding police officer and the district attorney’s office. However, regardless of whether or not the driver is charged and convicted, you have legal recourse. A skilled lawyer can file a personal injury claim with the driver’s insurance carrier. For a successful claim, particularly one that will result in a substantial settlement, the claim must be thorough. It should establish the following:
- Reasonable proof that the DWI driver was responsible for causing the accident that severely injured you. Proof might come in the form of any or all of the following:
o Police accident report that concluded the driver was at fault for the accident.
o Physical evidence at the scene such as paint scrapings, tire skid marks, damaged street signs, etc. A skilled lawyer has a professional network that may include a forensic accident scene investigator who can record evidence at the accident scene after the fact and in support of your claim.
o Blood test and/or breathalyzer test results that show the driver’s elevated and illegal blood alcohol content and determines they were DWI.
o Eyewitness testimony that speaks to the DWI driver and the accident itself.
- Medical documentation of your injury from your physician, and possibly from the insurance carrier’s designated physician. Your lawyer can recommend a physician who can perform an independent exam. In this way you may be able to refute the carrier’s physician if they claim your injury is a pre-existing condition and not due to the accident.
o It will be important to include your physician’s treatment plan. This can be used to establish future medical costs.
o Any medical costs that you have already incurred should be included in your claim.
If the insurance company for the DWI driver refuses to pay you a fair settlement, your lawyer may consider pursuing a lawsuit against them. This will depend on a number of factors, but every effort will be made to negotiate a substantial settlement in order to avoid a stressful and lengthy trial.
Call An Attorney Today
To learn more about your legal options as a pedestrian who was injured by a DWI driver, call a skilled attorney, like a personal injury lawyer trusts, today.