I was hit by a drunk driver, can I file a personal injury lawsuit against him?

The first question to ask is who was at fault for the accident. Typically, fault is determined by the law of negligence. A person who fails to exercise a reasonable standard of care under the circumstances may be considered "negligent". If a driver was operating a vehicle under the influence, it may be an act of negligence. To collect compensation as a drunk driver victim, the offending party's insurance company may be a good place to start. In general, most states require that anyone operating a motor vehicle carry liability insurance that covers personal injuries to third parties and/or their property. To make a determination on if compensation will be given, insurance companies will look at who was at fault in the accident and also consider the statutes in your particular state. Besides targeting the insurance company, you may always go to civil court to attempt to be compensated for your injuries. Civil actions deal with "private" matters, particularly disputes that arise between individuals or private businesses. If you prevail in a civil action, you are entitled to recover damages. The two main types of damages are compensatory damages and punitive damages. Compensatory damages are designed to place a victim in the position he or she would be in if the injury had never occurred; the court places a monetary value to compensate the victim. Punitive damages are not designed to compensate the victim, but to punish the defendant for inflicting the victim's injuries and to deter others from engaging in similar behavior.

Talk to a Personal Injury Lawyer to determine the best course of action for your case.