Bill Berkshire PC

 

 

 

 

 

 

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Concentrating in personal injury and wrongful death cases
throughout the Portland metropolitan area.


Hit By A Drunk Driver

Q:  I was on my way home when a drunk driver ran a red light and hit my car.  I was wearing my seatbelt, but hit my head on the side of the car and had a concussion and some large gashes on my head, plus neck and back pain.  My insurance company paid my medical bills, but I lost a week of work.  What am I entitled to?

A:  You have a claim against the drunk driver for all of your damages, including your medical bills and lost income; and including a factor for your pain and suffering and any long-term problems you may have due to your injuries.  If the other driver was insured, you have a claim against his insurance company.  If the other driver was not insured, you have an Uninsured Motorist claim under your own policy.  In addition, since the other driver was intoxicated when he hit you, Oregon law allows you to ask for punitive damages; these are damages intended to punish the driver for acting in a socially irresponsible manner.  The amount of damages you actually recover will depend on the type and permanence of the injuries, plus the amounts of your bills and lost income. 

 

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Last modified: 08/14/06