Settling a vehicle accident claim when a drunk driver is involved can be a complicated issue. An accident victim is entitled to a reasonable amount of money that covers medical expenses, loss of earnings, pain and suffering, and emotional issues. But the laws vary considerably from state to state in terms of what is considered a fair and reasonable offer by an insurance company.
What A Settlement May Include
When a person who is legally drunk causes an automobile accident, you can expect a settlement amount that covers actual expenses plus a possible punitive amount. The final settlement will be dependent on a number of factors including where the accident took place, the accident circumstances and the extent of the injuries to the driver and any passengers. Despite what many believe, there are limits to what you are entitled to though an attorney can insure you get the maximum amount.
A settlement will include medical expenses, rehabilitation expenses, car repair bills, loss of income, rental car expenses, pain and suffering, and emotional issues. You may also be able to claim punitive damages because drunk driving is considered to be negligent and reckless behavior. In general the loss of earnings will be based on your actual gross earnings records from the prior six months of employment immediately preceding the accident. Once again, the laws will vary by state.
Before agreeing to a settlement amount it is important to know if your injuries will cause long-term health or functional issues. You can be compensated for any injuries that cause ongoing pain or that permanently limit your physical abilities.
More Than One Person May Be Held Liable
Because of the varying DUI (driving under the influence) laws, there may be more than one person who will be held responsible for the accident. Besides the drunk driver, others who may have liability include the owner of the car (if different from driver) and a bar, restaurant or social host that served alcoholic drinks.
An Attorney Should Be Consulted
An attorney should be consulted in any accident involving a driver with a blood alcohol concentration higher than the legal limit. An experienced attorney can help you get the maximum amount you are entitled to collect. The attorney will present and negotiate a claim. In some cases it may be necessary to file a lawsuit.
