After a Kentucky drunk driver accident, you may find yourself asking, “I’ve been hit by a drunk driver can I sue?”, and depending on the percentage of fault perceived in your case, you may be able to sue. To ensure that you have the best case, contact GSAS before doing anything else to protect your rights. At Spivak & Sakellariou, we are dedicated personal injury attorneys that focus on drunk driving accidents. We can help make sure you take the right steps following your accident to avoid being taken advantage of.
Will Accident Insurance Cover Me If I Was in a Drunk Driver Accident?
Kentucky employs a Choice No-Fault, or Personal Injury Protection, system. If a driver opts into the No-Fault system they will first turn to their own insurance company after an accident to get compensation for medical bills and other various financial losses, despite the level of fault the driver had in the accident.
However, insurance companies are seeking to pay out as little as possible to save money. If you’re not happy with the settlement you receive from your insurance company, you and a lawyer can file a final claim, which, if denied will either go to mediation or trial with the Kentucky drunk driver.
I Was Injured by a Kentucky Drunk Driver, Am I Able to Sue Them?
If you have No-Fault coverage, you are able to sue the drunk driver if:
- Your injury involves a broken bone
- Permanent Disfigurement
- Medical Expenses over $1,000
- Permanent Injury or Death.
If you have opted out of the No-Fault coverage you are able to sue the drunk driver, regardless of whether the above conditions are met or not. However, as Kentucky is a pure-comparative fault state you will need to be paid out in accordance with your level of fault in the accident.
What Are the Damages I Am Allowed to Collect from a Kentucky Drunk Driver?
If you sue the drunk driver responsible for your accident you are able to collect the following damages:
All Past and Future Medical Expenses
Medical expenses can quickly accrue and your personal injury protection insurance can only go so far. By claiming medical expense damages, you are able to cover the cost of any past and future medical bills that are a direct result of your accident
Loss of Income
Let’s say that your accident caused you to miss a week’s worth of shifts at work and as a result, you were not paid that week’s wages. Suing for loss of income provides you with the missed wages you lost out on so you can get back on your feet quicker.
Pain & Suffering
Pain and suffering damages are considered to be the emotional duress that has negatively affected your life after your accident. While not a physical or monetary loss, emotional pain, and suffering are still incredibly valid and deserve proper compensation.
If you now suffer from a life-altering disability you should be entitled to funds that would help restore your quality of life. For example, if you lose a limb you may need to make alterations in the interior of your home to help accommodate your disability.
If a passenger that was driving with you was wrongfully killed in a Kentucky drunk driving accident then you and your family are able to sue the driver in a wrongful death lawsuit. This lawsuit would allow you to recover pain and suffering damages, loss of companionship, and loss of income.
It makes sense that your car would be damaged after a drunk driving accident. Fortunately, you are also able to receive compensation for any other damage to personal property that you experienced as a result of the accident.
Can I Sue the Establishment that Served Alcohol to the Drunk Driver that Hit Me?
If the driver that hit you was noticeably intoxicated while ordering more drinks and the establishment continued to serve them alcohol, then you are able to sue them under Kentucky’s Dram Shop Law.
However, it may be difficult to prove that the establishment knew that the driver was intoxicated while serving them. For this reason, it is important to have an established and trustworthy personal accident lawyer on your side to ensure that your rights are protected.
How Spivak & Sakellariou Can Help
When you call our office, you’ll get a free consultation with a personal injury attorney. During that conversation, we’ll review the facts of your case, get to know you and your family, and determine how we can best help you get what you deserve. Every case is different, just as every family is different. We will tailor a service that best matches your needs, your goals, and your unique circumstances.
When you make a personal injury claim, there are two likely routes your case will go down.
When a drunk driver is involved in an accident many of the cases are able to be settled out of court with insurance companies. Those that aren’t, go to court. Not only are the partners at Spivak and Sakelleriou skilled and experienced negotiators, but we are also trial lawyers with decades of experience between us.
We understand that nobody wants to be in your position. It can be a very difficult time. Our goal is to pair you with a Kentucky accident lawyer to help you navigate this difficult time to help you get what you deserve and move on with your life. You shouldn’t suffer unfair financial burdens that make it difficult to move on.
If you’ve been hit by a drunk driver in Kentucky do not hesitate to reach out today. Our trained and professional pedestrian accident lawyers are here to help.