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My boyfriend and I was involved in a hit and run. What type of recourse do we have?

Raleigh, NC |

The driver was charged with DWI, hit and run, failure to reduce speed, and no license. The person whom car he was driving did have insurance. We are currently getting medical care as we were injured. What type of compensation would we be entitled to?

Attorney Answers 3

Posted

There are filing deadlines and smart do's and don'ts that need to be addressed. Contact a local and qualified personal injury attorney asap. Good luck.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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F. "Bill" William Powers

F. "Bill" William Powers

Posted

GOOD answer, especially re: the Statute of Limitations

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Thank you

F. "Bill" William Powers

F. "Bill" William Powers

Posted

Thanks as well

Posted

When you are injured as a result of someone else's negligence you are entitled to recover compensatory damages which include medical bills, pain and suffering and lost wages. When you are injured by a drunk driver you are also entitled to punitive damages (damages to punish the other driver) in addition to your compensatory damages. North Carolina takes this issue very seriously. In North Carolina punitive damages are capped at 3 times your compensatory damages EXCEPT in cases where a person is injured by a drunk driver. In these cases the punitive damages are not capped. It is very important you talk to an attorney immediately! If you have additional questions or would like to discuss further, please feel free to contact my office at 919-719-2750 ext 1962. Or visit our website page that deals with this issue http://www.owensmiller.com/Personal-Injury/Auto-Accidents/Accidents-Caused-by-Drunk-Drivers.shtml. Best, Kimberly

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Posted

First, sorry that happened to you. No one likes to hear of a collision, let alone one involving DWI.

That's actually a PERSONAL INJURY question. You likely would be well served speaking with an attorney who has substantial experience handling wreck cases that involve impaired driving.

Compensation in North Carolina can include things like:

1. Lost Wages
2. Reimbursement for Medical Expenses, costs, treatments, etc.
3. Repair of Vehicle (replacement)
4. Pain & Suffering
5. Permanent Injury or Disfigurement
6. PUNITIVE DAMAGES

Most attorneys, especially involving an DWI case would seek "punitive damages" against the person who caused the wreck as a PUNISHMENT. That person is normally called the "tort feasor."

There is a statute of limitations in North Carolina, which means suit must be filed within an appropriate time period. SEE: .

Article 3.

Limitations, General Provisions.
§ 1‑15. Statute runs from accrual of action.

(a) Civil actions can only be commenced within the periods prescribed in this Chapter, after the cause of action has accrued, except where in special cases a different limitation is prescribed by statute.

§ 1‑15.1. Statutes of limitation and repose for civil actions seeking to recover damages arising out of a criminal act.

(a) Notwithstanding any other provision of law, if a defendant is convicted of a criminal offense and is ordered by the court to pay restitution or restitution is imposed as a condition of probation, special probation, work release, or parole, then all applicable statutes of limitation and statutes of repose, except as established herein, are tolled for the period set forth in this subsection for purposes of any civil action brought by an aggrieved party against that defendant for damages arising out of the offense for which the defendant was convicted. Any statute of limitation or repose applicable in the civil action shall be tolled from the time of entry of the court order

(1) Requiring that restitution be made,

(2) Making restitution a condition of probation or special probation, or

(3) Recommending that restituti SEE LINK BELOW FOR MORE INFORMATION

NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.

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