What can i sue for in a DUI accident?
Me, my fiance and my 1 year old daughter were in a car accident just 3 days ago. We were hit by a drunk driver who swerved into our lane. Our car is damaged (not sure how much to damage is going to cost). Thankfully, since we were all wearing our seatbelts, no one was seriously injured. Just scratches & bruises and now aches. I did not have insurance on my vehicle but the other driver had insurance (as so the cops said she told them, we did not get our police report yet). We also went to the hospital after the accident to get checked up on to make sure we had no broken bones. We also do not have any health insurance. I was just wondering, should we sue the drunk driver? and if so, what can we sue for. For the mere fact that she could've killed me and my family, I want this women to pay. I live in Milwaukee, WI. Who are some good lawyers i can be appointed to? What will it cost?
Answers:
You cannot sure for what she "could" have done. Unless the hospital determined that were have injuries, it's unlikely that you'll be awarded anything but medical bills which her insurance company will pay anyway - you, potentially, might get legal bills as well, depending on how the judge is feeling about a vindictive lawsuit. If the woman was drunk, the law will deal harshly with her and she won't be insurable. It's a shmae the first thing you're thinking about is "making her pay". My suggestion is that that you spend your effort instead getting health insurance for your family
You sue her insurance company for present and future medical bills (if any), lost wages (if any) and pain and suffering.
A personal injury attorney will likely take your case on contingency (Zero upfront in return for 1/3 of any settlement)
If the police report indicates that the driver was not only drunk but at fault for the accident, you would first need to go after their car insurance company. If they don't have car insurance, then you would have to sue the driver for negligence. Your damages will be based on your injuries, if you have any. Your medical bills for just checking you and your passengers out counts. Your damages will also be based on the damage to your vehicle, rental cars, possibly time off of work, etc. The driver should have been arrested on the spot for DUI and had their car impounded. At least here in California that's how it works.
I would consult an attorney for sure. But I don't know any attorneys in your state. I live in California. Good luck to you, and I am glad that you did not get seriously hurt.
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