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You were injured in a drunk driving accident, now what?

You're driving home after a long shift. You follow the rules. You're happy at home, work is OK. Then out of nowhere a drunk driver T-bones your car. You wake up bathed in hauntingly white lights and to the unceasing chirps of machines. This can happen to anyone and, unfortunately, it happened to you. A drunk driving accident, unlike traditional car accidents, does not always afford you the opportunity to collect the driver's information. So the question becomes, what do you do?

Since a DUI occurred, the police will be involved. Assuming you were unable to answer questions at the scene, they will likely follow-up with you at the hospital. This is your opportunity to request a copy of the police report. If the police found and arrested the driver, all of the pertinent information should be there. Additionally, get the detective's number who is handling your case so you can get updates. The drunk driver will face criminal prosecution, but this is separate from your claim.

Since you were in a car accident, you have several avenues from which to recover. You can try to file a claim with your insurer. If you choose to recover from your insurer, then you must comply with their procedures and deadlines. Your insurer will want paperwork establishing damages and consultations with doctors to evaluate your injuries. Failure to comply is grounds to deny your claim. So hiring an attorney to manage your claim shields you from possible denials. If you choose to file suit against the driver, then bear in mind that Kentucky has strict statutes of limitation. A statute of limitation is a deadline on how long you can wait before you file a lawsuit. Speak to an attorney to get details on when your claim will become barred.

Both options have benefits and costs. Consulting with an experienced personal injury attorney can help you decide which option is best for you. By reaching out to an attorney for guidance, you can have someone on your side.

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T.J. Smith, Attorney at Law
600 W Main Street Suite 100
Louisville, KY 40202


Phone: 502-792-7937
Phone: 502-589-2560
Phone: 270-261-4114
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