I was hit by a drunk driver on the way home from work, He caused injuries- Can I sue?

Asked about 2 years ago - Inverness, FL

My name is Tom-

On the way home from work on July 2nd I was struck on the left front quarter panel by a drunk driver that sped past a red light and destroyed my vehicle. Because of the of the accident I sustained a few injuries. My neck as well as my Left shoulder is damaged and I went to the ER and was given Xrays & CT Scans. The driver was arrested for a DUI with damage to personal property. Im out of work now for the next 3 weeks and this whole thing has put my life on pause. I have rent to pay as well as other bills that I don't have money for. What should I do?

Attorney answers (9)

  1. Lawrence Henry Hornsby Jr.

    Pro

    Contributor Level 7

    12

    Lawyers agree

    1

    Answered . You should contact a personal injury attorney in your area. You are entitled to medical benefits and can seek recovery for your injuries from the at fault party. Also, if he was arrested for DUI you may be able to recover punitive damages. Insurance coverage information will need to be obtained from all possible defendants. I strongly recommend you consult with an personal injury attorney.

  2. David Irving Shiner

    Pro

    Contributor Level 13

    10

    Lawyers agree

    Answered . The answer is YES. in addition, if the other driver was drunk you can assert a claim for punitive damages. It is very important that you retain an attorney who practices this law. Please visit my website for video and blog answers to this question and more dealing with your issues. www.InCourt.com if you need to discuss your case in detail please also contact my office at 561-368-3363 and feel free to speak with me or any of the other attorneys. Best of Luck!

  3. William David Umansky

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . I agree with my colleagues. You need to reach out to a lawyer to determine the defendants insurance coverage and to make sure you utilize your PIP benefits appropriately. You may also be able to recover punitive damages. I would contact the prosecutor's office who can guide you on how to get benefits under the victim compensation act as it may take a while for a lawyer to recover anything for you.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  4. Barbara Huljek Gormley

    Contributor Level 2

    7

    Lawyers agree

    Answered . Tom, you should consult a Florida licensed personal injury attorney for a free consultation as soon as possible. If you have any questions, please feel free to contact my law firm at (941)366-1290. www.barbarahgormleypa.com

  5. Michael John Politis

    Contributor Level 8

    7

    Lawyers agree

    Answered . There are several layers of insurance coverage that need to be investigated to determine what you might be entitled to receive as a result of your accident. Your own auto insurance should provide you a minimum of $10,000 for medical bills, as long as you treat with a facility that can properly bill your insurance. This same coverage also provides for loss of wages, mileage reimbursements, prescription costs and household services. It is important that you seek medical care soon if you have sustained injuries from the accident. Beyond your medical coverage, you may be entitled to pain and suffering and future medical and wage loss from the at fault driver's policy and/or from your own uninsured/underinsured motorist coverage. In addition to the insurance policies that may apply to this loss, the Defendant has committed a crime and you are the victim. You may also be entitled to restitution from the Defendant, personally, as part of his sentencing and it is important that you or your attorney is familiar with the criminal court system to ensure you get all that might be entitled to receive. You certainly do not have to hire an attorney to get through the claims process, but it is not easy if you don't know how to cut through all the red tape or how to uncover all the potential layers of coverage. For more information about this kind of accident, or frequently asked questions, visit TheJusticeAttorneys.com.

    The information provided is for the purposes of general information and does not establish an attorney-client... more
  6. David H. Burns

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . Yes, you have a personal injury claim and a property damage claim. You should contact a well-qualified personal injury attorney licensed in Florida for a free consultation.

    The above is general advice regarding applicable state law. It does not create an attorney-client relationship in... more
  7. Sarah Lynn White

    Contributor Level 13

    7

    Lawyers agree

    Answered . This should be in personal injury. That being said yes you can sue based on this if the person who hit you has insurance a personal injury attorney should be able to recover for you fairly quickly. Also you would be entitled to restitution if you want to go that route, though that depending on the person's finances may take a long time to recover a little at a time.

    The information provided is not intended as legal advice and does not establish an attorney client relationship.... more
  8. Steven Mark Sweat

    Contributor Level 19

    7

    Lawyers agree

    Answered . You should hire a personal injury attorney in your area, immediately! You are entitled to compensation for medical bills, lost wages (present and future) and pain and suffering. You may also be entitled to additional damages because the driver was DUI.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  9. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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