Can I Sue after Being Hit by a Drunk Driver?

Written by John D. Hawkins on . Posted in .

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.  You can also call 888.HAWK.LAW or reach us through our contact page to speak to a dui accident lawyer

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 non-financial 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. 

In some cases, punitive damages may also be available. Because the other driver was so careless, the judge may add further damages to punish the responsible party. Since these damages can be hard to seek, however, contact your South Carolina attorney before you file.

If you’re struggling with a drunk driving accident, reach out to your attorney about seeking compensation for your losses, which may include the following: 

  • Medical bills
  • Emotional distress
  • Pain and suffering 
  • Household accommodations
  • Property damage

Contact an Injury Attorney if a Drunk Driver Hit You

The aftermath of a drunk driving incident can be difficult to recover from. You’re facing severe injuries and losses that could affect you for years after the accident. In addition, they responsible party is currently facing a criminal trial, which may make it more difficult for you to know how to approach your civil claim. 

Fortunately, that’s where your lawyer from HawkLaw, PA can step in. We understand how tough it can be to sue after being hit by a drunk driver, and we want to help you get your compensation in South Carolina. 

When you’re ready, get started today with your free consultation.* We can be reached by calling 1-888-HAWK-LAW (429-5529), or you can connect with us through our online form

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Written By John D. Hawkins


John David Hawkins is the Founder and Owner of HawkLaw. He has been licensed to practice law in South Carolina since his graduation in 1994 from the University of South Carolina School of Law. Focusing on litigation, Mr. Hawkins is experienced handling Worker’s Compensation, Personal Injury, Social Security Disability, Administrative Law, and Criminal Law matters.

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