Legal Question in Civil Litigation in Massachusetts

Re: Drunk Driver hit me

You can recover the value of your damages. Here, your damages might generally include, the temporary (or permanent, if any) effect of your physical injuries, pain and suffering, car repair costs, any medical costs incurred, and any lost wages. Your damages will be imited to things you have actually suffered as a result of the accident; you will not recover any punitive damages because the driver was impaired. If he was arrested and charged criminally, and is found or pleads guilty, he will receive his punishment (punitive measures) in that realm; i.e., through the criminal justice system (fines, probation, jail time, etc.) Also, your damages would be net of any costs bourne by an insurance carrier (e.g., hospital expenses, car repairs).

As to collecting a judgment, hopefully the driver has adequate insurance to compensate you and, if your damages exceed any available insurance, you might recover from your own insurer carrier and, as a last resort, from the driver himself. Of course, collecting damages from him will depend on the nature and extent of his assets. A good attorney can take steps early on to try to preserve any available assets to cover damagesultimately awarded to you.

Feel free to contact me directly to discuss next steps, if you are interested. I'm sorry about your injuries.

Re: Drunk Driver hit me

I'm sorry to hear that you were the victim of a reckless driver. You are certainly entitled to the injuries and damages you suffered as a result of the driver's conduct.

You should continue to seek all appropriate medical treatment for your injuries, and contact an attorney at once. You should not make any statements, sign any paperwork, or agree to any settlements without first speaking with an attorney.

Please feel free to contact me. I am located in Quincy.

Re: Drunk Driver hit me

The other authors covered many of the points you should consider. I would also recommend that you consult with counsel before signing any documents. Furthermore, an investigation should be conducted in regard to the value of the reckless driver's assets, particularly if the insurance policies are not sufficient to cover your damages.

Re: Drunk Driver hit me

First let me wish you a complete recovery from your regrettable injuries, for which you should persue all necessary medical treatment.

If the operator who hit you was, in fact, driving under the influence of alcohol, their punishment will be meted out by the criminal court system, if they are found guilty there.

Should that occur, that will serve as evidence of negligence in the civil suit you should be preparing to file through an attorney you should hire on a contingent fee basis immediately, if you have not already done so.

You should discuss this matter with no one except the attorney you hire to represent you, who will discuss in detail how you should respond to requests for statements and reports, even from your own insurance company, as you may have to file an underinsured claim with them, if the amount of insurance carried by the person who hit you and/or their assets are insufficient to cover the total amount of your damages. Best of luck with your full recovery from this unfortunate tragedy.