Recent survey shows distracted driver’s are causing more traffic fatalities than DUI drivers. For information on recovering damages against a DUI driver who injured you click here. This is the seventh year in a row distracted drivers have held this status. Distracted driving includes texting while driving, talking on the phone while driving, and pretty much any scenario you can imagine. The Georgia General Assembly has outlawed.
In any personal injury settlement a client’s first question is how much of the settlement will go in my pocket? Hiring an excellent attorney to handle your claim is important but it is also important your attorney handle the resolution of everyone’s claim who has their hand out asking for a piece of your hard-won settlement or judgment.
An example, in Georgia medical insurers or benefit providers have a right to be reimbursed for the money they pay out to medical providers for your injury. In Georgia it is important to be aware of the “made whole doctrine”, O.C.G.A. 33-24-56.1. In short, recovering money is not enough for an insurance company to get a piece of your settlement. You have to be made whole, meaning you have recovered all your economic and noneconomic damages. If you did not get every dollar you lost by being injured than you should not have to pay the insurance company back. There are a few exceptions to this, for instance if you are insured under an ERISA insurance plan or a policy that is self-funded by your employer.
Under Georgia law, if a drunk driver (DUI driver) causes a wreck it is best to contact an attorney immediately. When someone is driving drunk or recklessly a person who is injured, even just a little, can pursue a case for punitive damages.
Punitive damages are not damages for your pain and suffering or out of pocket expenses. Punitive damages are damages to punish the drunk driver for flagrantly disregarding your safety and the safety of our community. If you are struck by a drunk driver, in most cases, your attorney will be seeking a policy limit demand against the drunk driver’s insurance company. In none legal language, you should pursue and work to recover all the insurance monies of the drunk driver.
Drunk driver personal injury suits generally result in larger financial recoveries for the persons injured by the drunk drivers. If you have been hit by a drunk driver you should hire an attorney today to protect your rights.