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Oregon law permits you to recover compensatory damages arising from a personal injury. Victims of drunk drivers have additional rights.
In personal injury cases, compensatory damages consist of economic and non-economic damages. Economic damages include past, present and future medical bills; wage loss; loss of earning potential; and other out-of-pocket expenses. Noneconomic damages include pain, mental suffering, emotional distress, humiliation, any inconvenience and interference with your normal and usual activities, injury to reputation, and any other subjective, nonmonetary losses.
If you are a victim of a drunk driver, you have additional rights. Driving while intoxicated goes beyond mere negligence and is generally considered reckless. In addition to the compensation that you are normally entitled to receive, the drunk driver may also be required to pay punitive damages. This is an award of money intended to punish the driver who caused the accident. When awarding punitive damages, the jury is permitted to consider what amount of money is necessary to punish the defendant in light of the defendant’s financial condition.
If you have been injured by a drunk driver, you also may have a claim against the bar, restaurant or person who served alcohol to the driver, if the driver is a minor or was visibly intoxicated at the time they were served. The deadline for asserting a so-called dram shop claim against the server may be as short as 180 days. Such claims can be difficult to prove, so it is important to conduct a thorough investigation as soon as possible to preserve evidence for later use in court.
I was injured by a drunk driver and my insurance company refused to help me with my bills. [Rob] got my medical bills paid and obtained reimbursement for my totaled vehicle. He worked diligently for over a year to get me the highest possible settlement.
Rob Kline Can Help You
If you were in any kind of vehicle accident, or hit by a drunk driver, you need the advice of an experienced Portland personal injury attorney. Call today to get a free, confidential case evaluation.