Here is an unfortunately all-too-common scenario: you’re driving home late one night from a family get-together. Suddenly, while coming around a turn, a car appears in your lane coming right at you. You try to swerve, but it’s too late, and the other vehicle hits you head on. Your vehicle is totaled. Your family is a bit shaken-up but seems to otherwise be ok. It’s immediately obvious that the other driver is severely intoxicated. When police arrive on the scene, he’s mostly incoherent. The police report indicates that there was a strong odor of alcohol emanating from the vehicle, he admitted to having several drinks, and could not perform any of the field sobriety tests. As a result, you’re not surprised to learn that the other driver is being prosecuted for DUI.
A few days pass and you discover that even though you have insurance, you’re going to have to pay out of pocket in order to replace your car. In addition, you have a lot of stiffness in your upper body. Your husband has intermittent pain in his neck, and one of your children is complaining about severe, recurring headaches. What do you do?
Isn’t all of this being handled in the criminal case? Over the next couple of posts, we’ll be discussing how the criminal case and a claim for personal injury are related.