Personal Injury Damages in a DUI Accident
Nobody plans on being hit by another driver, let alone someone driving under the influence of drugs or alcohol. But when the unexpected does occur, it's important to know the damages to which you may be entitled. The Personal Injury Lawyers at Lazar, Akiva, and Yagoubzadeh LLP offer the following advice.
Don't Have Insurance? Don't be Afraid
You may have been driving without valid insurance when you were unexpectedly hit by a DUI driver. You may have suffered injuries and think you have no recourse. In fact, you may even be afraid to pursue any type of compensation. The reality is you have more options than you think.
In an earlier post, we told you about California's Proposition 213, which limits the type of compensation to which individuals without valid insurance are entitled. This compensation includes economic damages only, which are damages that are easily assessed and often involve quantifiable loss to one's health or to one's property.
However, the exceptions are those occurrences in which the at-fault driver is found to be driving under the influence of drugs or alcohol. This means, that if you don't have valid insurance at the time of your accident, and the at-fault driver is found to have illegal amounts of drugs or alcohol in his body, then you may be entitled to both economic and non-economic damages.
Non-Economic Damages
For those who don't know, non-economic damages are those that may result in chronic, recurring, debilitating pain, including mental anguish or anxiety. These injuries may not manifest themselves directly after an accident and may take several weeks or months to materialize and to diagnose. As a result, non-economic damages are harder to prove and may require special testimony in order to secure compensation. Thanks to proposition 213, you may still seek compensation for such injuries even if you lack proper insurance.
Victims of DUI Accidents
Of course, those with valid insurance are naturally entitled to pursue both economic as well as non-economic damages. The latter category is especially relevant to victims because, as mentioned before, these injuries are often slow to materialize and may not be covered by initial settlements.
A skilled lawyer can assist you in providing for long term conditions of which you may not be aware. Your lawyer will work to ensure that you receive compensation for loss to your person and property, as well as potentially devastating impairment to your future health and financial well-being.
DUI Does Not Mean Jackpot
Victims of DUI's usually have a strong case against the at-fault driver. Because of their portrayal in popular culture, DUI's are often mischaracterized as easy meal tickets. This can lead individuals to settle prematurely with insurance companies or lawyers.
The smart choice? You probably already know the answer: Obtain a lawyer. Only then will you be able to guarantee you have received the compensation you truly deserve.
