Understanding Settlements After a Drunk Driving Accident
An experience of being hit by a drunk driver is something that no one wants to remember as it results in physical suffering, emotional attacks, and costs.
When you’ve been in such an accident, you might be wondering about the compensation you deserve.
In this article, we aim to find out some factors that affect the chance of victims of drunk-driving accidents being compensated so that the reader can know what amount they are likely to receive.
Worries that Affect the Average Settlement for Drunk Driving Accidents
Settlements for drunk driving accidents vary widely depending on several factors, including:
Severity of Injuries: Where the losses are more severe or long-term, higher awards are made because of costs such as medical costs, lost wages, and ongoing care.
Economic Damages: These include medical expenses, physical therapy, repairing a car or damaged property, and lost wages. Courts and insurers take into account all these actual expenses when making payments to claimants.
Non-Economic Damages: Tort fortnight, and in particular pain and suffering, wages, and other damages, also constitute an important interference with the compensation period. When psychological injuries sustained from the accident remain severe, the victim will be awarded more money.
Punitive Damages: When awarding punitive damages, the courts use drunk driver cases to discourage similar incidences from happening again. These damages can greatly increase the total amount of the settlement.
Insurance Policy Limits: This coverage means that their insurance will cover the importance of the at-fault driver. When their policy limits are small, you may have to look for compensation through what is usually referred to as UM/UIM coverage.
Average Settlement Amounts
There is not a distinct “average” of this sort, but drunk driving accident claimants tend to fall into the one hundred thousand five hundred to five hundred thousand dollar range.
The biggest payouts are reported in extreme cases of death or severe disability and could quickly push a million dollars.
Some of the factors that may cause fluctuations in these figures are jurisdiction, representation of the driver, and the degree of his or her intoxication.
Legal representation
Hiring an experienced personal attorney is very important when pursuing compensation that one deserves. Attorneys can:
Determine the relative worth of your claim by looking at all damages. Sue insurers to guarantee that policyholders are paid in full.
Take legal proceedings and defend yourself in court in case of inadequate compensation.
How to Strengthen Your Case
To secure the best possible settlement, follow these steps:
Document the Accident Scene: Capture a picture of the scene and the cars; in cases where someone is injured, the pictures must be taken. It would be great to get statements from the witnesses.
Seek Medical Attention: A medical examination as soon as possible guarantees your health and will have evidence of your condition.
File a Police Report: The police report is any evidence that exposes the driver and records his/ her level of alcohol in blood and behavior.
Keep Records: Save all the medical expense receipts, repair cost bills, and insurance letters.
Hire an Attorney Early: Early intervention by a lawyer is very helpful since it increases the chances of the case's success.
What Makes It Different? Fatal Drunk Driving Accidents
In cases of fatal accidents, the compensation sums usually are in the category of wrongful death. These cases compensate families for the following:
Funeral and burial costs
Loss of future earnings
Suffering, including sadness and loneliness
Typical wrongful death lawsuits result in six to seven figures or according to the age, income, and family of the deceased person.
Obstacles in Claim Acquisition
Victims may face several hurdles, such as:
Disputes with Insurance Companies: The industry players try to reduce their losses by arguing that the losses incurred are not actual or that they are not responsible for them.
Uninsured Drivers: If the drunk driver is not well insured, the victims only fall back to their uninsured/underinsured motorist coverage, which in most cases is insufficient.
Comparative Fault Laws: This is just a partial list of items you need to know because, in some states, your compensation will be diminished if you were partially responsible for the accident.
Why are drunk driving settlement amounts higher?
DUI as an act is avoidable and is primarily committed while intoxicated and has higher risk cases with severe punishment and costs. Negligence arises in the situation, and the courts and insurers consider punitive damages more likely.
Conclusion
The range of damages that you can expect if a drunk driver hits you depends on the extent of your injuries, the defendant’s negligence, and the lawyer you hire.
As for the compensation, victims are estimated to obtain generous amounts for economic and non-economic losses. Having a competent attorney by your side means you get the financial compensation you deserve to help you get on with your life.
FAQs
What is the average of a drunk driving accident compensation?
It has been established that the settlements often vary between $50,000 and $500,000, although this will also depend on the nature of the injury.
Am I entitled to punitive damages if I am struck by a driver under the influence of alcohol?
Yes, in drunk driving cases, the court may allow punitive damages to punish the wrongdoer.
Is it necessary to hire a lawyer for a drunk driving accident claim?
An attorney enables one to obtain the highest possible amount by enabling one to engage with insurers while dealing with legalities.
What should I do after being involved in an accident caused by a drunken driver?
Get Checked by a Doctor, Record the Incident, File a Police Report, and Contact a Lawyer as soon as possible.
How soon after a drunk driving accident does someone usually get a settlement?
Depending on the case's complexity and negotiation, it lasts a few months to years.
