My husband was hit head on by man who was charged with DUI (he was on prescription drugs that were his wife's ) we believe it totaled the car as well. My husband he suffering from severe head and neck aches now.
You should definitely retain an attorney because of the complicated situation DUI collisions create. You are entitled to special damages (called punitive damages) in many instances and those damages can be much greater than would otherwise be available. We settled a similar case recently, and the article I have linked to below outlines some of the essential steps in litigating a case involving a DUI collision. Do not talk to the insurance company until you have a lawyer, and make sure your husband gets proper medical treatment asap.
Seek immediate medical attention; if practical, document anything you can regarding injuries, property damage, and witness statements (especially with pictures and written statements); seek a referral to a qualified personal injury attorney for a free initial case evaluation; and retain counsel before you speak with the insurance company representing the other side.
We are currently handling a similar case to your husband's case right now and have previously represented folks with this very same fact pattern. While no two cases are identical I can tell you that based on experience you and your husband are in need of an attorney. Often times insurance companies exclude certain types of coverage when a DUI/narcotics are involved. A good lawyer can assist you and your husband with your case. My recommendation is to contact an experienced law firm that will give you a free consultation and case evaluation.
Getting straight answers from an insurance company in serious cases like your husband's can be like trying to grab a handful of water. So, yes, I do recommend that you retain an experienced attorney who has actually tried cases. There are all sorts of issues that need to be dealt with in this kind of case - getting pictures and doing a complete investigation, identifying all applicable insurance coverage, and, most importantly, making sure that your husband gets good treatment for his injuries. Sometimes folks can have head injuries that may not be obvious at first and they need to be thoroughly evaluated by a qualified Neurologist or other specialist. There are more than enough issues that will arise in your case to justify speaking with an attorney. I wish the best for you and your husband.
Yes, you need to hire an experienced personal injury attorney as soon as possible. Evidence must be gathered and preserved. Also, all potential insurers (including your own) should be put on notice as soon as possible. If you have not already done so, I would not recommend speaking to the defendant's insurance company, nor would I suggest your husband speak to the insurance company as statements you or your husband make could be misconstrued later in time.
Kimberly W. Grant
Law Offices of Wayne Grant, P.C.
FIRST, get your husband to doctor or doctors immediately for proper diagnosis and treatment. THEN, hire a lawyer by going to the find a lawyer tab on Avvo and looking for a personal injury lawyer and/or an automobile accident lawyer. Interview a couple of lawyers--this can be on the phone or in person.
That said, exemplary damages, also called punitive damages, are almost always excluded from coverage in insurance policies (unless there is something in GA insurance law to the contrary, I would even feel comfortable saying they are always excluded). Please go into this soberly, with an eye toward what a realistic recovery might be. I have no stake in this--take my comments as coming from an outsider looking in. The liability in this case will go 100% against the defendant. Some carriers will seek to disclaim because the driver was DUI. Make sure your lawyer has dealt with this in the past. The next question is, how seriously injured is your husband? After that the question is, how much coverage does the defendant have and how much underinsured motorist coverage do you have? Does the defendant have assets that you would want to go after? Please don't delay in doing what needs to be done. I hope your husband feels better and I hope you find the right lawyer.
As my colleagues have said, it is recommended that you hire a car accident attorney who has knowledge and experience dealing with insurance companies. This will help in countless ways, whether it is advice as your husband's treatment progresses, whether to file a lawsuit or evaluation of your case from a settlement standpoint. Best of all, it costs you nothing unless there is a settlement and the attorney's office handles everything and does the talking for you, saving you time and trouble so you can focus on your husband's recovery and everything else you have going on. Hire an attorney soon and pass the work on to someone who's done this several times before with success.
You should definitely retain an attorney immediately. Accidents involving DUI create several unique issues that affect the value of your case and the ability to hold the at-fault driver liable. If the at-fault driver was indeed DUI, it should entitle your husband to punitive damages. If the at-fault driver was insured, his policy may or may not cover punitive damages. If it does, then this could significantly increase the value of your case. Contact an attorney familiar with Georgia law.
You are receiving very good advice here. Contact a Georgia personal injury lawyer immediately. Also, your husband's health is the most important thing. He must go to the the doctor and thoroughly explain all his symptoms and his pain. Your attorney will deal with the insurance company.
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