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

Posted on March 29, 2022 by Admin

When you are hit by a selfish and irresponsible drunk driver, you need to call Halvorsen Klote at 866-382-4167 immediately. Our team of skilled attorneys will fight hard to make sure you get the justice and financial support you need. Being hit by a drunk driver is a traumatic experience, and the aftermath can be overwhelming. Our experienced attorneys will guide you through every step of the legal process, ensuring that you understand your rights and legal options. Contact us online for a free case review and let us help you navigate this challenging time.

Roughly 25 percent of all fatal accidents in Missouri are caused by intoxicated drivers. Nationally, that unfortunate number creeps up to 28 percent, according to the National Highway Traffic Safety Administration. When you have been injured by a drunk driver, you are entitled to pursue compensation for measurable damages, such as medical treatment, out-of-pocket expenses, replacement services, and lost income.

The financial strain of medical bills and lost wages can be immense, but you don't have to face it alone. You’re also entitled to an amount to compensate for non-pecuniary damages - emotional distress, physical pain, and other damages. Generally, the more severe and long-lasting the injuries, the higher the amount of compensation you can seek. Our attorneys will meticulously assess your case to ensure you receive the maximum compensation you deserve.

The experienced and knowledgeable lawyers at Halvorsen Klote devote their careers to working aggressively for clients who have been hit by drunk drivers in St. Louis and throughout Missouri and Illinois. Our drunk driving accident lawyers have a deep understanding of the laws and regulations surrounding driving under the influence and will leverage this expertise to build a strong case on your behalf. Call us today at 866-382-4167 or contact us online. We don’t get paid unless you win, so you can trust that we are committed to achieving the best possible outcome for your case.

What Type of Compensation Can I Get When I’m Hit By a Drunk Driver?

Compensation for being hit by a drunk driver can include:

Economic Damages

• Past medical expenses: These include all costs incurred for medical treatment related to the accident, such as hospital stays, surgeries, and follow-up appointments.
• Future medical expenses: If your injuries require ongoing treatment, you can seek compensation for anticipated future medical bills.
• Cost of rehabilitation: Expenses for physical therapy, occupational therapy, and other forms of rehabilitation needed to recover from your injuries.
• Past lost income: Compensation for wages lost due to time off work while recovering from your injuries.
• Future lost income: If your injuries affect your ability to work in the future, you can claim compensation for future lost earnings.
• Loss of earning capacity: If your ability to earn a living is permanently affected, you can seek compensation for the reduction in your earning capacity.
• Lost business opportunities: If you are a business owner or entrepreneur, you can claim compensation for lost business opportunities due to your injuries.
• Loss of property use: Compensation for the loss of use of your vehicle or other property damaged in the accident.
• Cost of property replacement and/or repair of property damage: Costs to repair or replace your vehicle or other property damaged in the accident.
• Rental vehicle expenses: Costs for renting a vehicle while your damaged vehicle is being repaired or replaced.

Noneconomic Damages

• Pain and suffering: Compensation for the physical pain and emotional suffering caused by the accident and your injuries.
• Loss of enjoyment of life: If your injuries prevent you from enjoying activities you once loved, you can seek compensation for this loss.
• Mental anguish: Compensation for the mental and emotional distress caused by the accident and your injuries.
• Emotional distress: Compensation for the psychological impact of the accident, such as anxiety, depression, and PTSD.
• Disability and impairment: Compensation for any permanent disabilities or impairments resulting from the accident.
• Loss of consortium: Compensation for the impact of your injuries on your relationships with your spouse or family members.
• Inconvenience: Compensation for the inconvenience and disruption to your life caused by the accident and your injuries.
• Anxiety and worry: Compensation for the anxiety and worry caused by the accident and its aftermath.
• Grief: Compensation for the grief and emotional pain caused by the accident.
• Anger and resentment: Compensation for the anger and resentment caused by the accident and its impact on your life.
• Embarrassment/humiliation: Compensation for any embarrassment or humiliation caused by the accident and your injuries.
• Shame: Compensation for any feelings of shame resulting from the accident and its impact on your life.

Punitive Damages

Punitive damages are used to punish the defendant for reckless conduct and to deter others from the same behavior. Punitive damages are difficult to prove; however, they are often pursued in drunk driving cases. To determine the amount of punitive damages, factors to consider include:

• The defendant’s degree of culpability: The extent to which the defendant's actions were reckless or intentional.
• The severity of the harm caused by the defendant: The extent of the injuries and damages caused by the defendant's actions.
• The extent to which the plaintiff’s own conduct contributed to the harm: Any actions by the plaintiff that may have contributed to the accident or injuries.
• The duration of the conduct, the defendant’s awareness, and any concealment by the defendant: The length of time the defendant engaged in reckless behavior, their awareness of the risks, and any attempts to hide their actions.
• The existence of similar past conduct: Any history of similar reckless behavior by the defendant.
• The profitability of the conduct of the defendant: Whether the defendant profited from their reckless behavior.
• The defendant’s ability to pay: The financial resources of the defendant and their ability to pay punitive damages.
• The likelihood the award will deter the defendant or others from like conduct: The potential of the punitive damages to prevent future reckless behavior by the defendant or others.

Both Missouri and Illinois strive to make it hard on drivers who make the choice to get behind the wheel impaired. The state statutes - Missouri and Illinois - for damages in drunk driving claims leave a lot of room for attorneys’ and judges’ interpretation. Understanding the nuances of these laws is crucial in building a strong case.

Missouri’s Dram Shop Law

Missouri Revised Statute §537.053 states that an establishment will be liable for damages caused by an intoxicated patron if it can be proven by clear and convincing evidence that: The establishment sold alcohol to a patron who they knew (or should have known) was “visibly intoxicated” or under the legal drinking age.

• The patron consumed the alcohol sold by the establishment.
• The consumption of alcohol was the cause of the injury or death.
• This law holds alcohol-serving establishments accountable for their role in preventing drunk driving. If an establishment negligently serves alcohol to someone who is visibly intoxicated, they can be held liable for any resulting damages.

Illinois’ Dram Shop Law

The dram shop law in Illinois is unusual because it allows an alcohol vendor to be held liable regardless of whether the vendor did anything wrong. This law is limited to licensed vendors, not social hosts who provide alcohol at parties in their homes. This means that in Illinois, if a licensed vendor serves alcohol to a patron who later causes an accident, the vendor can be held liable for damages even if they were not negligent in serving the alcohol.

Compensate Your Injuries with Halvorsen Klote in St. Louis, MO

There are several potential sources to compensate you for your injuries and get what you are entitled to after being hit by a drunk driver. This includes the drunk driver’s insurance, your own insurance, and potentially the establishment that served the alcohol. The attorneys at HK Law have years of experience working drunk driving cases, and have seen the drunk drivers and their insurance companies try to skirt responsibility.

We meticulously gather evidence, including police reports, witness statements, and medical records, to build a strong case. If they continue to avert, we will sue on your behalf to get the compensation you are entitled to.

Call the drunk driving lawyers at Halvorsen Klote today at 866-382-4167 or contact us online for a free case review. Our team is dedicated to helping you recover and move forward after such a traumatic event.