Average Settlement Hit By Drunk Driver

What is an Average Settlement After Being Hit By a Drunk Driver?

A drunk driving accident can happen anywhere and at any time, leading to serious injuries for everyone involved. The unpredictability of drunk drivers makes these car accidents some of the most dangerous, as oftentimes, they appear out of nowhere and cause an immense amount of damage. If you have been hit by a drunk driver, you and the other passengers in your vehicle could be facing expensive medical bills and extended recovery time to deal with your injuries.

“What is the average settlement amount?” is one of the most common questions in the aftermath of a drunk driving accident.

The answer varies from case to case, and working with an experienced attorney can help ensure you’re receiving a fair settlement. At The Barnes Firm, our lawyers are dedicated to helping drunk driving accident victims. We work hard to advocate for our clients, and hold the insurance company and all liable parties accountable for damages. Contact us at (800) 800-0000 for a free initial consultation and learn how we can help.

Factors for Calculating a Drunk Driving Accident Settlement

There is no specific dollar amount that can be assigned to a drunk driving accident claim.

Different factors will impact the value of the claim. Your attorney will help outline all of the potential sources of your settlement. Some factors that might impact your settlement amount include:

• The severity of the injury caused by the accident – Was this a minor fender bender, or a serious accident with significant damage and injuries caused to both property and people involved?

• The degree of fault for each driver – Who was at fault for the accident? Even if the accident involved a drunk driver, are you responsible for any of the liability or fault? This is important to understand when diving into the legal process, and your personal injury attorney can help determine all parties at fault and the degree of fault assigned to each party.

• The amount of exemplary damages – Exemplary damages, also referred to as “punitive damages,” are damages assessed during the legal process to punish the defendant for their negligence, in this situation, driving while intoxicated.
• The losses that were sustained – How much will it cost to repair your vehicle? It is possible that your car was completely totaled in the accident. If that is the case, what is the replacement cost? Understanding the total amount of the losses that were sustained will help paint a more accurate picture of your settlement amount.

At The Barnes Firm, our team of car accident attorneys will help walk you through the various scenarios and determine the best course of action for your personal injury lawsuit.

Three Types of Damages in a Drunk Driving Lawsuit

In order to estimate the value of your settlement, your attorney will calculate the potential value of the damages. There are three types of damages that are typically going to impact the total value of your settlement. These include:

1. Economic Damages – These are often referred to as special damages, and describe any financial damages and tangible losses that you sustain due to the car accident. These might include damage to your property, lost wages, medical expenses, long-term care, and more. The total amount of economic damages you receive will depend on the severity of your injuries.
2. Non-economic damages – Non-economic damages are sometimes referred to as general damages. These are intangible losses that are not calculated by looking at invoices, bills, and receipts. Therefore, they are often more challenging to assign a dollar amount to. Non-economic damages can include pain and suffering, loss of quality of life, loss of companionship, and mental distress.
3. Exemplary damages – As outlined above, exemplary or punitive damages are awarded by a judge in order to punish the drunk driver for their dangerous behavior and their wrongdoing. Many states do not award punitive damages, but there can be exceptions.

Typical Damages that Insurance Companies will Cover

Assuming that all parties are insured, the insurance company will often cover the expenses of a drunk driving accident. Some of the expenses that the insurance company will pay for include but are not limited to:

• Any medical expenses that you incur, like hospital stays, in and out-patient physical therapy, prescriptions, and more
• Medical equipment and modifications to your home to accommodate your injuries
• Lost wages or a reduced earning capability
• Repairs to your vehicle and damages to other property related to the accident
• Pain and suffering
• Loss of enjoyment of life
• Mental anguish

Sometimes, an insurance company will attempt to push back after a claim is submitted. Your attorney will work with the insurance companies to advocate for the best settlement for your claim.

Drunk Drivers without Car Insurance

In the event of a drunk driving accident in which the other driver is to blame, you or your attorney would typically be in contact with their insurance company in order to start a claim to collect damages. Unfortunately, it is not uncommon for someone who chooses to drive while under the influence of alcohol to neglect having car insurance. While driving without car insurance is illegal, so is driving while intoxicated. Even if the drunk driver that hit you does not have insurance, The Barnes Firm can still help. Contact our attorneys today at (800) 800-0000 for a free case evaluation.

What Are the Minimum Insurance Requirements?

Most states require drivers to carry a specific level of auto insurance. Some states only require minimum liability insurance, and some have additional requirements, such as personal injury protection.

For instance, New York Law requires anyone registering a vehicle to have minimum auto liability insurance coverage.

The minimum amount for liability coverage is:

• $10,000 for property damage for a single accident
• $50,000 for bodily damage or $100,000 for death of two or more people in an accident
• $25,000 for bodily injury not resulting in death or $50,000 for any injury resulting in the death of one person in a single accident.

Every state, except South Carolina, Virginia, and New Hampshire, require drivers to carry a minimum liability insurance. Nonetheless, drivers in those states may find the need to have insurance coverage in certain situations.

What Settlement Amounts Do People Usually Get?

There is no average settlement value for people who sustain injuries in car accidents involving drunk drivers. The outcome of each personal injury claim or lawsuit varies based on the facts and circumstances, which is why it is difficult to speculate the outcome.

Nonetheless, the following factors influence the outcome of a car accident:

• The severity of the injuries
• The insurance policy limit of the at-fault party
• Contribution of fault for the injured party
• Length of treatment plan
• Long-term impact of the injuries

What To Do After a Drunk Driving Accident to Increase Your Claim’s Value

Gather Information

If you sustained an injury after an accident involving a drunk driver, it helps to obtain evidence of how the accident occurred. Since car accidents cause severe damages that are costly to fix, having proof of how they occurred enhances the chances of maximizing the settlement value.

Gather the following information at the scene of the accident:

• Contact details of the responding police officer
• Images of the damage to the vehicle and the scene of the accident
• A copy of the police accident report
• Driver’s license and license plate of the cars involved in the accident
• Name, address, and telephone number of the other party involved  in the accident
• Names and contact details of passengers and witnesses involved in the accident

Gather as much information as possible at the scene because most sources of evidence disappear after the accident. Different sources of evidence can back up your claims against the defendant and substantiate your claim for a fair settlement value.

Get in Touch With a Car Accident Attorney

If a drunk driver hits you, consider hiring an experienced car accident attorney right away. While many injured victims obtain compensation from the at-fault party’s insurer, working with an attorney increases the chances of receiving the maximum value for injury-related losses.

Here’s how an attorney can maximize car accident settlement:

• Avoid Setting Too Soon: An insurer may quicktable a low-ball settlement offer immediately after filing a claim to test your resolve. An attorney can evaluate the merits of all offers and negotiate for higher amounts that meet injury-related losses.
• Prove Extent of Your Losses: When building a personal injury case, you can maximize the outcome by proving the extent of your losses. An attorney has the right skills and knowledge to identify potential losses, including pain and suffering, loss of enjoyment of life, and future medical expenses.

If you can’t settle with your insurer, an attorney can litigate your matter in court to obtain a settlement amount that fully compensates your losses.

Speak with an Experienced Drunk Driving Accident Lawyer Today

Car accidents can be expensive, with long recovery times depending on the severity of your injury. If you have been injured by a drunk driver, call to speak with a knowledgeable attorney at The Barnes Firm as soon as possible to learn more about your options for a settlement.

Our team at The Barnes Firm is committed to advocating for our client’s rights to fair compensation in the event of a drunk driving accident. Contact us online today or call us at 800-800-0000 for a free initial consultation. We are here and ready to help on your journey to recovery.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes