What Compensation Is Available In A Drunk Driving Car Accident Case?

Suffering because of the negligence of others is the worst. Similar is the case of getting involved in a drunk driving car accident case.

DUI or driving under influence is one of the common reasons for a drunk driving car accident. According to The National Highway Traffic Safety Administration (NHTSA) report, two of every three people are involved in the drunk driving case at some stage of life.

If you are injured due to a drunk driving car accident case, here are the types of compensation you can seek.

The Average Settlement Amount

The average settlement in a drunk driving case is about $125,000. Various factors help determine a settlement amount – insurance coverage, the burden of proof, comparative fault rule, and so many others.

The settlement amount in a drunk driving case can be anything from $10,000 to $1,00,000 depending on the severity of the crash, the severity of injuries, the lawyer’s experience, etc.

What Is The Potential Compensation In A Drunk Driving Car Accident Case?

Every personal injury case involves two types of compensation: monetary and non-monetary damages.

Some states also have a limit or upper cap set for claiming any particular type of compensation. A best and experienced lawyer will be able to determine the burden of proof and work upon getting compensated on both aspects. Determining monetary expenses is easy as they are easily quantifiable.

However, some assumptions come into play when determining the amount of non-monetary damages. Here are some of the common monetary damages one can claim in case of a drunk and driving accident case:

  • Medical bills related (such as hospital bills, prescription bill, or physical therapy bills)
  • Loss of income due to missing the work while recovering
  • Expenses on permanent injury caused
  • Loss of future earnings due to permanent disability
  • Burial or cremation expenses in case of loss of loved one
  • Expenses incurred on the damaged vehicle
  • loss of income to the representative of the victim (spouse, parents, or immediate family member) died in the accident

Some of the non-monetary damages claimed in a drunk and driving case include:

  • cost of pain and suffering caused due to the accident
  • loss of being able to live a normal and quality life due to permanent injuries
  • the psychological effect of injuries like fear in driving etc.

The amount of non-monetary compensation that can be claimed from the party depends on the expertise of the negotiating party. The non-monetary compensation comes into being to punish the driver for his negligent behavior, especially if he/she is a repeat offender.

Who Is Liable To Pay The Compensation?

The at-fault driver or his insurance company is liable for paying compensation. In the case where the driver is uninsured, he is still liable to pay compensation in any way if the injured party demands compensation.

In a drunk driving case, the person who made the person drink above the limit may also be held liable for the accident and had to pay compensation.

How To Strengthen A Personal Injury Case?

The burden of providing proof in case of drunk and driving or any car accident case falls on the injured party. The at-fault party’s insurance company is highly likely to accept the liability and will try to pay the least possible compensation. They may work upon negotiating the settlement amount stating partial fault or comparative fault of not the at-fault driver.

The insurance adjusters may also claim that the injuries caused are pre-existing and not the result of the accident. It is, therefore, necessary to get all your reports and doctor’s statement ready. Also, if you have a violation in your driving record, they can make use of it.

You should be extra careful when an insurance adjuster is involved in your case. In such circumstances, having an experienced personal injury attorney by your side is important to seek maximum compensation. The attorney makes sure a proper investigation is done and fully documented at the scene of the accident. He also does a background check on a drunk driver.

What Should Be Instant Action After Getting Involved In A Drunk Driving Accident?

Some of the clever and right considerations just after the scene of the accident might even make you win the case. Here is what should be done immediately on the scene of the accident:

  • Stay calm and access the situation
  • Call 911 and police from your place or ask someone nearby to do so.
  • Collect evidence or ask someone else to do it for you if you are hurt
  • Seek immediate medical treatment even if injuries are not visible
  • Call your insurance company
  • Contact a personal injury lawyer
  • Stay silent when interviewed

So, do you wish to get the maximum compensation in a drunk driving car accident case in Greenville? Contact our experienced DUI attorneys today.