How do I know a settlement value for an accident involving a drunk driver?

Determining what is a settlement for a drunk driver accident is not an exact science. The appropriate settlement will depend on where you live, the nature of your injuries, and the actual costs you incurred as a result of the accident.

If you live in a no fault state, then you may not be able to sue the drunk driver unless your injuries are serious. This is because no fault rules mandate that you collect your own medical bills and lost wages damages through your insurer and your personal PIP (personal injury protection) regardless of who is at fault. If your injuries are serious, however, then you get the right to sue, which means you could also potentially get the right to settle out of court if the insurer offers you money to do so. In such cases, your damages should also include damages for pain and suffering and emotional distress.

If you live in a fault state, it is likely going to be a clear cut case that the drunk driver was at fault for the accident. As such, the insurer is probably going to be eager to settle and you should make sure that the settlement fully compensates you. It should include compensation for pain and suffering, lost wages, medical bills and emotional distress. Some states might even permit punitive damages in court against the drunk driver if you sued, and if you live in one of these states, the settlement needs to reflect this as well.

To get help determining if a settlement offer is appropriate after your accident with a drunk driver, it is a good idea to consult with an experienced lawyer as soon as possible.