Have you, or a loved one, been involved in an accident with a West Virginia drunk driver? As you begin your recovery you may be wondering if you can file a drunk driver accident lawsuit. In fact, you have a number of legal options you may be able to take.
Will Accident Insurance Cover Me If I Was in a Drunk Driver Accident?
West Virginia follows a fault-based insurance system. This means that the at-fault driver is responsible for covering damages. If you are hit by a drunk driver, you will typically file a claim with the at-fault driver’s insurance company to seek compensation for medical expenses, lost wages, and property damage.
However, insurance companies often try to minimize payouts. If you’re unsatisfied with the settlement you receive from your accident insurance, you and a drunk driver accident lawyer can file a final claim. If that is denied,you can take the insurance company to mediation or go to trial against the West Virginia drunk driver.
I Was Injured by a West Virginia Drunk Driver, Am I Able to Sue Them?
Depending on the percentage of fault assigned in your case, you may be able to sue.
In West Virginia, you are able to sue a drunk driver if:
- Your injury involves a broken bone
- You suffered permanent disfigurement
- There are medical expenses that exceed a certain threshold
- The accident resulted in permanent injury or death
Since West Virginia follows a modified comparative fault system, your compensation will be adjusted based on your level of fault in the accident. If you are found to be 50% or more responsible for the accident, you may not be able to recover damages.
What Are the Damages I Might Collect from a West Virginia Drunk Driver?
If you decide to sue the drunk driver responsible for your accident, you may be able to collect the following damages:
All past and future medical expenses
Medical expenses can quickly accumulate, and your accident insurance may not cover all of the costs. Claiming medical expense damages allows you to recover the cost of any past, and future, medical bills directly related to the accident.
Loss of income
If your drunk driver accident caused you to miss work, you may be entitled to recover lost wages. A successful lawsuit could compensate you for past and future lost earnings due to your injuries.
Pain & suffering
Pain and suffering damages compensate for the emotional and psychological distress caused by an accident.
Disability
If your accident resulted in a life-altering disability, you may be entitled to compensation. This could be used for home modifications, mobility aids, and other accommodations necessary for your new lifestyle.
Wrongful death
You and your family may pursue a wrongful death lawsuit If a loved one was killed in a West Virginia drunk driver accident. Compensation may include coverage for:
- Loss of companionship
- Funeral expenses
- Loss of income
Property damage
If your vehicle and personal belongings were damaged in the accident, you may be able to receive compensation for property repairs or replacements.
Can I Sue the Establishment that Served Alcohol to the Drunk Driver that Hit Me?
West Virginia has a Dram Shop law on the books. This was put into place to make it illegal for a business to sell alcohol to:
- Anyone under the age of 21
- Anyone who is “visibly intoxicated”
The law does not explicitly state that a person can sue a business for selling alcohol in those two situations. It does, though, offer a provision that anyone who is injured because of a sale to one of those groups “may recover from the offender…damages.”
Even with that statement in place, proving liability in Dram Shop cases can be difficult. An experienced West Virginia drunk driver accident lawyer can help you navigate the specifics of the law as you build a strong case for a lawsuit.
How Spivak & Sakellariou Can Help
At Spivak & Sakellariou we understand that every case is unique, which is why we tailor our services to meet your specific needs and goals. Our years of helping victims of drunk driver accidents have given our team the experience, confidence, and compassion to help you fight for your rights.
When you call our office, we’ll set up a free consultation. Together we will discuss your case and the options that you have to try and receive the compensation you deserve. Your recovery can’t wait so set up a call today with our team of West Virginia drunk driver accident lawyers.
