When a drunk driver causes you severe injury following a collision, you may be ready to demand justice. However, when your injuries have made it difficult for you to earn a living and get back to your life, you may need the legal guidance and support of an experienced Collierville personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi PLC.
Contact our office for a free consultation today and learn more about how to maximize the compensation you are awarded.
Common Injuries to Sue for After a Drunk Driving Accident in Collierville
Many people who have been injured in a drunk driving accident are worried that their injuries may not be severe enough to pursue a drunk driving accident claim in Collierville. However, it is important to keep in mind that the injury you are diagnosed with will not have an impact on whether you have grounds for a drunk driving accident insurance or civil claim.
What matters is how your injuries have affected your life. There are some types of injuries seen more often in Collierville drunk driving accident claims, however. Some of these injuries include:
- Internal trauma including internal bleeding, organ damage, sepsis, and other invisible injuries
- Emotional injuries such as post-traumatic stress disorder (PTSD), insomnia, nightmares, depression, and the development of generalized anxiety disorders
- Whiplash, concussion, soft tissue injuries, head injuries, and traumatic brain injuries
- Road rash, lacerations, broken bones, compound fractures, skin scarring, disfigurement, dismemberment, and third-degree burns
- Herniated discs, back injuries, spinal cord damage, paraplegia, paralysis, and quadriplegia
These are just a couple of the different types of injuries you could suffer following a collision with a drunk driver. If you are dealing with another type of injury we did not include above, you could still have the right to pursue an insurance or civil claim. Find out how to move forward with your case when you contact a car accident attorney in Collierville for help.
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Liability for Collierville Drunk Driver Accidents
It is easy to assume that the drunk driver who hit you is at fault for causing your collision. The drunk driver will certainly need to be held accountable to the fullest extent of the law. When a driver operates a vehicle under the influence of drugs or alcohol, they cannot only face the civil penalties of your drunk driving accident lawsuit, but they may also be arrested and charged with drunk driving under Tennessee DUI laws.
However, drunk drivers are not the only party who can share liability for the injuries caused and a drunk driving accident. Under Tennessee dram shop liability laws, if an establishment oversold or served alcohol to someone who was already drunk, and that party went on to cause the collision, the establishment and those responsible for selling or serving the alcohol can also be held accountable.
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How to Recover Compensation Following a Drunk Driver Accident in Collierville
There are multiple ways in which you can ensure you are getting the most out of your Collierville drunk driver accident claim. Generally, there are two primary ways to recover the compensation you are entitled to. This includes filing a claim with a liable party’s insurance company and pursuing a civil lawsuit against them. Here is more:
File a Claim with the Insurer
When you were involved in a motor vehicle accident of any kind, one of the most common ways to recover compensation for your damages is by filing a claim with the liable party’s insurance company, as Tennessee is a fault state for auto accidents and insurance purposes.
However, the amount of compensation you can collect through the insurance company will be limited by the amount of coverage purchased by the drunk driver in your case. You might also be limited by the amount of coverage purchased by the dram shops in your case. Fortunately, even if you are unable to recover total compensation through an insurance settlement alone, you may have another way of recovering the compensation you are entitled to.
File a Civil Lawsuit
When your insurance settlement does not adequately meet your needs or the defendant is not protected by insurance coverage, one of the only ways to recover your damages in their entirety is by filing a civil claim against the culpable parties.
You might be able to file a lawsuit against the drunk driver and any relevant dram shops to recover the damages not covered by the insurance company.
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How Shared Fault Could Impact Your Case
It is more common than you might think for drunk drivers to accuse injury victims of sharing fault for their injuries. It is even more common for injury victims to share liability for their injuries.
Fortunately, Tennessee follows a modified comparative negligence system with a 50% threshold. As long as your portion of liability does not exceed 49%, you still have the right to pursue compensation despite sharing liability for your injuries.
For example, if the judge discovered that you were not wearing your seatbelt when you were struck by a drunk driver, they might find you 25% responsible for causing your injuries. If the jury awarded you a sum of $3 million, this would be reduced by 25% to account for your portion of shared fault. Your $3 million settlement would be reduced to $2,250,000.
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What Damages Could You Recover in Your Drunk Driving Accident Claim?
Victims of drunk driving accidents have the right to be repaid for every way their lives have been impacted by their injuries and the drunk driving accident itself. Your drunk driver accident attorney in Collierville will need to go over all of your damages to ensure no loss goes unaccounted for.
Some examples of economic damages and non-economic damages you might recover in your Collierville drunk driver accident claim include:
- Your disfigurement or skin scarring
- The cost of your current and future medical treatment, care, and devices
- Your inability to continuous enjoying relationships with your family and friends
- The emotional trauma, depression, and physical pain from your drunk driving accident Injuries
- The money you lost by being unable to continue working
- Your inability to continue earning a living in the future
- The cost of repairing your vehicle or purchasing a new one
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Contact a Drunk Driver Accident Lawyer in Collierville for Help
Holding the drunk driver and other at-fault parties accountable is critical if you hope to recover the compensation you need to cover your costs and get through these difficult times.
A dedicated Collierville drunk driver accident lawyer at Gatti, Keltner, Bienvenu & Montesi PLC can help you get justice. Fill out our quick contact form or call our office to schedule your no-cost, risk-free consultation today.