I Got Hit By a Drunk Driver, What Am I Entitled To?
I Got Hit By a Drunk Driver, What Am I Entitled To? When you are hit by a selfish and irresponsible drunk driver, you need to call Halvorsen Klote at 877-51-HKLAW immediately. Our team of skilled attorneys will fight hard to make sure you get the justice and financial support you need. Contact us online for a free case review.
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, like medical treatment, out-of-pocket expenses, replacement services and lost income. 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.
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. Call us today at 877-51-HKLAW or contact us online. We don’t get paid unless you win.
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:
- Past medical expenses
- Future medical expenses
- Cost of rehabilitation
- Past lost income
- Future lost income
- Loss of earning capacity
- Lost business opportunities
- Loss of property use
- Cost of property replacement and/or repair of property damage
- Rental vehicle expenses
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
- Emotional distress
- Disability and impairment
- Loss of consortium
- Anxiety and worry
- Anger and resentment
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 severity of the harm caused by the defendant.
- The extent to which the plaintiff’s own conduct contributed to the harm.
- The duration of the conduct, the defendant’s awareness and any concealment by the defendant.
- The existence of similar past conduct.
- The profitability of the conduct of the defendant.
- The defendant’s ability to pay.
- The likelihood the award will deter the defendant or others from like conduct.
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.
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.
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.
I Got Hit By a Drunk Driver, What Am I Entitled To? | 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. 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. If they continue to avert, we will sue on your behalf to get the compensation you are entitled to.
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