Can I Sue after Being Hit by a Drunk Driver? | HawkLaw, P.A.

Can I Sue after Being Hit by a Drunk Driver?

Posted in Car Accidents on June 28, 2019

It’s unfortunate, but some drivers aren’t concerned with the safety of others. Instead, they may take risks, like driving under the influence of alcohol. Unfortunately, that means that you may have been in a serious car accident because they were especially negligent. 

Now, they’re facing criminal charges, which leaves you asking, “Can I sue after being hit by a drunk driver?” If you’re not sure where you stand on your South Carolina injury claim, you may need a lawyer’s guidance to act now. They can guide you through the details of your claim and help you recover after you’re injured by a drunk driver. 

Criminal Cases vs. Civil Lawsuits

Typically, you’re not just facing a normal civil lawsuit. Instead, the drunk driver was likely arrested and is now facing criminal charges. However, those criminal charges don’t do anything to cover your losses, even if they driver is found guilty. 

Instead, you’ll need to file a separate claim against the driver, which can begin after the criminal trial is complete. You’ll then have the chance to address your injuries and get your compensation.

Even better, you may be able to use the evidence brought against them in criminal court as part of your lawsuit. Even if they weren’t found guilty, the threshold of proof is lower for a lawsuit. You don’t have to prove they broke the law, after all. You’ll only need to prove that they were careless with your safety. 

Compensation for a Drunk Driving Accident

Once you know where to start with your drunk driving accident claim, you’ll then need to figure out what your claim is worth. If you don’t know what to seek before you begin, you could end up paying out of pocket for your recovery or otherwise not getting the funds you deserve. 

That means getting the financial and nonfinancial losses you’ve suffered covered. For example, you might know that your lost wages should be replaced, but what about your intangible losses? The emotional toll of a crash can be serious, so speak to your lawyer about the compensation you deserve for these losses, too.