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Injured in a DUI Accident: How Do I File A Claim?

by Ladyblogger on September 9, 2013

Involvement in a car accident is always a serious event. Involvement in a car accident when one of the drivers was drunk can be even worse. Accidents that occur when a driver of one of the cars is under the influence usually involve more severe damage and injuries.If you have been injured in a car accident that involved a driver who was charged with a DUI, you can make a claim for compensation for your injuries and damages. Under your state law, you may be entitled to collect for damages to your car, medical expenses, lost earnings, future medical care, and in some states pain and suffering.

How to File a Claim

To make a successful claim for compensation when you have been involved in an accident, you need to:

1. Hire An Accident Attorney. You will want to hire a personal injury attorney that specializes in vehicle accidents. Make sure that your attorney has all the information about the accident that you have collected, and make sure that you let them know that the other driver was arrested for DUI. Follow all of your attorney’s recommendations, including not providing the insurance company with any type of statement before you speak to your attorney about the questions and the appropriate responses.

You can also browse some of the websites for DUI lawyers as they list the penalties that can be assessed to an individual who is charged with a DUI. This will give you an idea of the type of compensation that you may be entitled to. A local Internet search such as “Pennsylvania DUI lawyer” will yield a list of many experienced attorneys’ websites.

2. Keep Records Of The Event. It is easy to assume that you have already filed a police report at the scene of the accident and were given medical care. The next thing that you must have, and as soon as possible, is a written account of everything that you remember about the event. This record will be very useful when you are speaking to your attorney about the event. Do not give this record to the insurance company; it is for your benefit only.

3. Take Pictures. Take pictures where the accident occurred, take pictures of your car and other property damage, and take pictures of your injuries. All of these will help when you are presenting your claim to the insurance company. If at all possible, take the pictures at the time of the accident. If your injuries are too severe, return to the scene as soon as you can.

4. Follow Medical Care Directions. Make sure that you follow through on all of your medical care. Do not miss follow up appointments and attend all physical therapy sessions that your doctor recommends. The insurance company must see that you are actively trying to recover from your injuries. If they feel that you are not interested in recovery, they will deny your claim.

Your attorney will be able to explain to you what damages you can make a claim for under the laws of your state. At your initial consultation they will be able to explain everything that you should expect during the case, and how you should respond to any thing that may arise. Additionally, your attorney may be able to provide you with information about victim advocacy groups in your area that specialize in helping victims of DUI accidents.

Valerie Stout Cyrus is a freelance writer who frequently researches legal issues involving personal injury. She found that Steven E. Kellis, Pennsylvania DUI lawyer, is knowledgeable in the field of DUI on both the prosecuting and defense side.

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