In New York, drunk driving or driving under the influence is one of the most common causes of car accidents. As unfortunate as it seems, one person’s drunk mistake or negligence can lead to serious injuries, emotional trauma, and overwhelming financial burdens. While insurance can cover some of the costs, it might not be enough. Then the question becomes, can I sue a drunk driver in New York? At Gabriel Law, we’ve helped many individuals in drunk driving cases fight for their rights and get the compensation that they deserve. In this post, as your car accident lawyer in NYC, we’ll walk you through the steps you need to take to sue a drunk driver in New York.
How will you receive compensation in drunk-driving cases?
In New York, if you’ve been injured in a drunk driving accident, you can claim compensation for your injuries through insurance. Specifically, you can call on your Personal Injury Protection (PIP) coverage to cover your medical expenses, lost income, and other connected expenses. Since this coverage offers compensation irrespective of fault, it is also known as no-fault insurance.
At the same time, you can claim additional compensation through the at-fault party’s liability insurance. If the at-fault driver was uninsured at the time of the accident, you can look to your Uninsured Motorist (UM) coverage to support your PIP coverage.
As your injury attorney in Queens, we want to point out that you should try to get as much compensation as possible through your insurance policies. Filing a lawsuit requires you to get involved with the court system, which can be time- and resource-consuming. That being the case, filing a lawsuit should typically be considered as an option of last resort.
When can you file a lawsuit in an NYC drunk driving case?
In New York, you can file a lawsuit in a drunk driving case only if you can prove that the wrongful conduct of the other party caused you basic economic losses that exceeded $50,000 or that you have suffered a “serious injury” as defined in Article 51 of New York State Insurance Law. For example, if the drunk driving incident has caused you a significant disfigurement or caused the temporary or permanent loss of a body part, organ, or function, then you can claim to have suffered a serious injury and file a lawsuit.
Under a personal injury lawsuit, you are allowed to claim economic damages and non-economic damages such as emotional distress and pain and suffering. There is no upper limit to how much you can claim, but you will need to work closely with your accident lawyer in New York to determine a value that is fair and equitable.
However, keep in mind that your action is subject to the statute of limitations. If you’re filing a personal injury lawsuit, you must file your case within three (03) years of the date of the accident. If you fail to comply with this deadline, you can lose the right to claim compensation.
Alternatively, if the drunk driving accident has resulted in a death, the executor of the deceased’s estate can file a wrongful death lawsuit on behalf of the family. If successful, compensation from the lawsuit can be used to cover economic losses as well as funeral expenses. A wrongful death lawsuit has a statute of limitations of two (02) years from the date of the deceased’s death.
Conclusion
Drunk driving accidents are an unfortunate occurrence in the streets of New York. As the physical, emotional, and financial burdens weigh you down, it is natural to look for a way to ease the tension with a lawsuit for compensation. The success of your lawsuit depends on you being able to present a strong and compelling case, and that is where Gabriel Law can help. As a personal injury law firm in NYC, we’ll use all our skills and resources to help you get the compensation you deserve. If you’re ready to take the next step, contact us today and schedule your free consultation.
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