We’ve all seen the tragic aftermath of drunk driving accidents on the news, in television commercials, and if you’re particularly unfortunate, in real life. There’s no doubt that these types of accidents are the drunken driver’s fault, but is there anything you can do about it aside from watching him or her complete a jail sentence?

Can You Sue a Drunk Driver?

If you have been injured by a drunk driver and have been forced to pay for medical care, worry about the time you’ve had to miss work, or have been put through emotional pain and suffering, you might be able to sue the drunk driver who caused your accident.

There are two types of damages that a jury may choose to award you: compensatory and punitive.

The Different Types of Damages

Compensatory damages are intended to compensate you, or to make up for money that you don’t have that you ordinarily would have if the accident never occurred. This can include medical bills, lost wages, psychological counseling and many other expenses that you’ve had to pay as a result of the drunk driver’s thoughtless, careless actions.

Punitive damages are also financial, but they have a different purpose. They’re intended to punish the person who caused the accident.

Once a jury has awarded you damages, the funds are yours to do with what you please. It doesn’t matter if you were awarded compensatory damages, punitive damages, or both. (Generally, punitive damages are awarded in addition to compensatory damages, but every case is unique.)

Only cases that go to trial involve being awarded damages, though. If you settle out of court with the drunk driver’s insurance company, you won’t hear about compensatory or punitive damages. Instead, you will simply agree to accept a certain amount of money.

In most cases, it’s essential to have a personal injury lawyer by your side throughout the whole process. The insurance company will try to pay you as little as possible (or worse, not pay you at all), and your lawyer can help you fight for what’s right so that you can move on with your life.