Drunk driving is a heinous crime. Roughly every 50 minutes, at least one person dies due to the negligence of a drunk driver, according to the National Highway Traffic Safety Administration (NHTSA). All drivers on the road know better than to get behind the wheel intoxicated.
If you are in Eagan and have suffered from a drunk driving accident, you have a right under the law to pursue financial compensation for your damages. Even though your own insurance carrier may have primary responsibility for certain medical expenses or other damages under Minnesota’s No-Fault Act, you still have several options that can allow you to file a claim for your accident and in some cases punitive damages may also be available. Call the lawyers at ASK LLP to help you get started. You can reach us at (877) 746-4275.
Minnesota’s No-Fault Laws
Car accidents can be difficult to understand in Minnesota due to its no-fault laws. Essentially, the no-fault laws of this state mean that no matter who was responsible for your accident, the first priority for payment of medical expenses and wage loss lies with one’s own insurance.
Although the no-fault laws were designed to ensure prompt payment of medically necessary treatment, in practice, no-fault coverage may be insufficent to pay all the bills. Where that is the case, you can be left with damages you still have to pay out of pocket even though the accident wasn’t your fault.
For a free legal consultation with a drunk driving accidents lawyer serving Eagan, call 877-746-4275
What Can I Do to File a Claim?
In order to file a claim for your drunk driving accident, there are several ways you can approach it.
Check if Your Damage Threshold Has Been Met
To file a third-party claim against any driver, some criteria need to be met, including:
- Your reasonable medical expenses exceed $4,000 excluding diagnostic x-rays;
- You suffered a total of 60 or more days of disability;
- You suffered permanent disfigurement (for example, a scar); or
- You suffered a permanent injury (legally – an injury from which you won’t completely recover.
Once your situation meets one such criteria, you have standing to start a lawsuit.
Punitive damages exist to punish extremely negligent acts. Usually, accidents caused with malice, intent, or egregious behavior are grounds for punitive damages. While the money awarded for these damages isn’t compensation officially, you can still recover these funds as part of your settlement.
Drunk driving accidents often qualify for punitive damages. While there is no certainty that your accident will, our attorneys will evaluate your case for free and see if the merits of your case allow you to recover punitive damages.
Non-Economic Damages Matter
No-fault insurance won’t cover your non-economic damages. These include:
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Mental anguish and trauma
- Mental illness resulting from your accident
While it can be difficult to calculate and pursue non-economic damages, it isn’t impossible. Our lawyers use a robust and inclusive approach to calculating your non-economic damages. We will work hard to get them included in your settlement total.
Eagan Drunk Driving Accident Lawyer Near Me 877-746-4275
Retain a Lawyer as Soon as Possible
Even though you can do many things to file a claim, the best possible thing to do is retain a lawyer. The faster you enlist the help of a lawyer, the faster you can get started on filing your claim. There is no need to self-study for hours on end on complex legal terminology. Our lawyers will handle all of the legal grunt work so you can focus on recovering after your accident.
Drunk drivers need to get held accountable for their actions. The attorneys at ASK LLP are bound by a strong sense of justice and compassion. We want to help you get a fair settlement for all of your damages.
Statute of Limitations
Minnesota has a general six year statute of limitations for negligence acts. For the most part, you have six years to sue the at-fault driver. However, you may also have claims against insurance companies which are controlled by policy language which modifies the general statute of limitation in some circumstances.
Regardless, hiring a competent lawyer will ensure your claim is not defeated by a failure to follow the proper procedures. Don’t rush yourself. Instead, call our law office today and schedule a free consultation with one of our drunk driving accident lawyers. They will review your case for free. If we can pursue compensation for your accident, we will walk you through all of the steps.
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Call Us Today
Don’t hesitate to reach out to us today. We are a nationally recognized law firm that has recovered millions for our clients over four decades. Our attorneys are here to help you get the settlement you deserve. You can reach us at (877) 746-4275. There is no risk and no obligation when you call.