Getting hit by a drunk driver is one of the most frightening and life-altering experiences anyone can face. In an instant, a careless decision by another person can leave you with serious injuries, emotional trauma, lost income, and overwhelming medical bills. As Sheepshead Bay Personal Injury Lawyers and Injury Attorneys NYC, we regularly help victims who ask the same critical question: “I got hit by a drunk driver—what am I entitled to?”
Under New York law, victims of drunk driving accidents often have the right to substantial compensation. Because drunk driving is not just negligent but reckless and illegal, these cases are frequently stronger than ordinary car accident claims. Below, we explain—clearly and in plain English—what compensation you may be entitled to, how claims work in Brooklyn and throughout NYC, and what steps protect your rights.
Why Drunk Driving Accidents Are Different Under New York Law
Not all car accidents are treated equally. A collision caused by intoxicated driving is legally distinct because the at-fault driver violated criminal laws designed to protect the public. This violation can significantly impact your injury claim.
When a driver chooses to get behind the wheel while impaired by alcohol or drugs, they breach their duty of care in an extreme way. That breach strengthens liability, reduces defenses, and may even open the door to additional damages beyond standard compensation. As a Brooklyn Personal Injury Law Firm, we leverage this distinction to pursue the maximum recovery allowed under New York law.
What You Are Entitled To After Being Hit by a Drunk Driver
If you were injured by a drunk driver in Brooklyn, Sheepshead Bay, or anywhere in NYC, you may be entitled to compensation in several key categories. These damages are intended to restore you—financially and personally—as much as possible after a traumatic event.
Medical Expenses (Past, Present, and Future)
You are entitled to recover the full cost of medical care related to the accident. This includes emergency treatment, hospital stays, surgeries, diagnostic imaging, prescription medications, physical therapy, chiropractic care, and follow-up visits. Importantly, compensation is not limited to bills you already received. If your injuries require future care—such as long-term rehabilitation, injections, or additional surgeries—those anticipated costs should be included in your claim.
In serious drunk driving cases involving traumatic brain injuries, spinal injuries, or permanent disability, future medical expenses can be substantial. A seasoned Brooklyn Personal Injury Attorney will work with medical experts to accurately project those costs so you are not left paying out of pocket years later.
Lost Wages and Loss of Earning Capacity
If your injuries forced you to miss work, you are entitled to compensation for lost wages. This applies whether you are a salaried employee, hourly worker, independent contractor, or self-employed. Pay stubs, tax returns, and employer statements can be used to document your losses.
Beyond missed time, you may also be entitled to damages for reduced earning capacity. If your injuries prevent you from returning to the same job, working the same hours, or advancing in your career, the drunk driver may be responsible for that long-term financial loss.
Pain and Suffering
Pain and suffering compensation addresses the physical pain and emotional distress caused by the accident. Drunk driving crashes are often violent, leading to severe injuries and long recoveries. Chronic pain, loss of mobility, scarring, anxiety, depression, and post-traumatic stress are all recognized harms under New York law.
There is no fixed formula for pain and suffering damages. The amount depends on the severity of your injuries, how long recovery takes, and how your life has been affected. Because drunk driving reflects reckless behavior, insurers and juries are often more receptive to higher pain and suffering awards in these cases.
Emotional Distress and Psychological Trauma
Being struck by a drunk driver can leave lasting emotional scars. Many victims experience fear of driving, nightmares, panic attacks, or a general loss of enjoyment of life. Therapy, counseling, and psychiatric care related to the accident are compensable, and emotional distress itself is a recognized category of damages.
Property Damage
You are entitled to reimbursement for damage to your vehicle and any personal property inside it at the time of the crash. This includes repair costs or the fair market value of your car if it was totaled, as well as items such as phones, laptops, child car seats, or other belongings damaged in the collision.
Can You Receive Punitive Damages After a Drunk Driving Accident?
In some cases, yes. Punitive damages are not awarded in every personal injury claim. Their purpose is not to compensate the victim but to punish particularly egregious conduct and deter similar behavior in the future.
Drunk driving is one of the few scenarios where punitive damages may be available under New York law, especially when the driver’s conduct was extreme—such as very high blood alcohol levels, repeat DUI offenses, or reckless behavior like speeding or running red lights while intoxicated.
While insurance companies typically do not cover punitive damages, they can significantly increase the overall value of a case. An experienced Injury Attorney NYC can evaluate whether your situation supports a punitive damages claim.
How New York’s No-Fault Insurance Law Affects Drunk Driving Cases
New York follows a no-fault insurance system, meaning your own insurance company initially pays for basic economic losses regardless of who caused the accident. This includes medical expenses and limited lost wages up to policy limits.
However, drunk driving accidents frequently involve “serious injuries” under New York Insurance Law. When you meet this threshold—such as fractures, significant disfigurement, permanent limitation of use, or substantial disability—you can step outside the no-fault system and pursue a personal injury lawsuit against the drunk driver.
Meeting the serious injury threshold allows you to recover pain and suffering and other non-economic damages that no-fault insurance does not cover. As a Brooklyn Personal Injury Law Firm, we carefully document injuries to ensure this threshold is satisfied whenever possible.
What If the Drunk Driver Was Arrested or Convicted?
A DUI arrest or conviction can significantly strengthen your civil injury claim. Criminal proceedings are separate from civil cases, but evidence from the criminal case—such as breathalyzer results, field sobriety tests, and police observations—can be powerful proof of liability.
Even if the criminal case is pending or results in a plea bargain, you can still pursue a civil claim. In fact, you do not need a conviction to win your personal injury case. Civil liability is based on a lower standard of proof than criminal guilt.
Can a Bar or Restaurant Be Held Liable?
Under New York’s Dram Shop Law, a bar, restaurant, or liquor store may be held liable if it unlawfully sold alcohol to a visibly intoxicated person or a minor who later caused an accident. These cases are complex but can provide an additional source of compensation, particularly when the drunk driver has limited insurance coverage.
Identifying all potentially liable parties is critical to maximizing recovery. A skilled Sheepshead Bay Personal Injury Lawyer will investigate where the alcohol was served and whether dram shop liability applies.
What If the Drunk Driver Is Uninsured or Underinsured?
If the drunk driver does not have enough insurance—or any insurance at all—you may still have options. Uninsured/underinsured motorist coverage on your own policy may apply, providing compensation when the at-fault driver cannot fully pay for your damages.
These claims can be contentious, even though they involve your own insurer. Having an experienced Brooklyn Personal Injury Attorney handle negotiations can make a substantial difference in the outcome.
What If You Were a Passenger or Pedestrian?
Passengers and pedestrians injured by drunk drivers have the same rights to compensation as drivers. In many cases, passengers may even have claims against multiple parties, including the drunk driver and potentially other negligent drivers.
Pedestrians struck by drunk drivers often suffer catastrophic injuries due to the lack of physical protection. These cases require thorough investigation and aggressive advocacy to ensure full compensation.
How Long Do You Have to File a Claim in New York?
In most personal injury cases in New York, the statute of limitations is three years from the date of the accident. However, certain situations—such as claims involving municipalities or government vehicles—have much shorter deadlines.
Waiting too long can result in lost evidence, unavailable witnesses, and forfeited rights. Speaking with Injury Attorneys NYC as soon as possible helps preserve your claim and strengthens your case.
Why Insurance Companies Fight Drunk Driving Claims
Despite the seriousness of drunk driving, insurance companies often try to minimize payouts. They may question the severity of injuries, argue that medical treatment was excessive, or attempt to shift partial blame to the victim.
Early settlement offers are frequently far lower than what a claim is truly worth. Accepting such an offer can leave you without compensation for future medical needs or long-term consequences. A trusted Brooklyn Personal Injury Law Firm levels the playing field and protects you from these tactics.
What to Do Immediately After Being Hit by a Drunk Driver
Your actions after the accident can directly affect your claim. Seeking immediate medical care, following doctors’ recommendations, documenting injuries, and avoiding statements to insurance adjusters without legal guidance are all crucial steps.
Preserving evidence—such as photos, witness information, and police reports—can make a significant difference in proving liability and damages.
How a Brooklyn Personal Injury Attorney Can Help
Drunk driving cases require more than basic accident handling. They demand thorough investigation, coordination with law enforcement records, medical experts, and, in some cases, dram shop liability analysis. An experienced attorney can calculate the true value of your claim, handle all communications with insurers, and, if necessary, take your case to trial.
At Griss Law Group, PLLC, we fight aggressively for victims injured by drunk drivers throughout Brooklyn, Sheepshead Bay, and NYC. Our goal is not just compensation, but accountability—and helping you move forward with confidence.
Speak With Sheepshead Bay Personal Injury Lawyers Today
If you were hit by a drunk driver, you should not bear the financial and emotional burden alone. You may be entitled to far more than you realize, and time is critical in protecting your rights.
Consulting with experienced Sheepshead Bay Personal Injury Lawyers and Injury Attorneys NYC can provide clarity, peace of mind, and a clear path forward. A dedicated Brooklyn Personal Injury Attorney can review your case, explain your options, and pursue the maximum compensation allowed under New York law.
If you or a loved one has been injured in a Brooklyn car accident, Call Griss Law Group, PLLC today at (718) 561-1111 for a free, no-obligation consultation or fill out our online contact form to get started with a Free Case Evaluation. Let us stand by your side and fight for the full and fair compensation you deserve.
