Can I get a settlement for being hit by a drunk driver?
If there's no doubt that you were hit by a drunk driver, an injury settlement will likely be pursued instead of a trial. But in order to be properly compensated, you'll want to understand the insurance laws in your state, the limits of insurance policies, the impact of no-fault insurance laws, and more.
What factors determine a drunk driving settlement?
Cost factors for drunk driving settlements include the permanence of the injuries, the severity of the injuries, car repair bills, medical costs, and the insurance coverage of the driver at fault and more.
Should I file a civil lawsuit for a drunk driver accident?
So, if your damages exceed your state's limit and the defendant's insurance only meets that bare minimum limit, you may need to file a civil suit. If there are multiple injured parties making claims against the same drunk driver, then this limit could be much lower for each party, depending on the drunk driver's insurance policy limits.
Can multiple people make a claim against a drunk driver?
If there are multiple injured parties making claims against the same drunk driver, then this limit could be much lower for each party, depending on the drunk driver's insurance policy limits. Fault vs. No Fault Insurance Laws
How much does an insurance company pay for a drunk driver?
Just keep in mind that there are limits to how much an insurance company will pay, often in the $50,000 range. So if your damages exceed your state's limit, you may need to file a civil suit (which in all likelihood will end in a pre-trial settlement). If there are multiple injured parties making claims against the same drunk driver, then this limit could be much lower for each party.
What states have no fault auto insurance?
About a dozen states have what are known as "no fault" auto insurance laws, including Florida, New York, and Pennsylvania. In these states, your own insurer is responsible for covering your injury claims, not the at-fault driver's policy. States have different monetary limits for injury claims, often referred to as personal injury protection (PIP) claims, which may depend on whether you also have health insurance coverage. However, your PIP policy typically has monetary limits. Also, no-fault insurance policies often pay just 75 percent of one's regular wages with respect to lost earnings claims.
Can you settle a DUI case with insurance?
You also have much more leverage if you seek a settlement after the other driver has been convicted of, or pleaded guilty to, driving under the influence (DUI). The insurance company would rather not resolve the matter in front of a judge and jury, since they likely would be very sympathetic to a plaintiff who was injured by a convicted drunk driver (although some states' courts don't allow "no contest" DUI pleas in civil cases, since they are not technically admissions of guilt).
How much is the average settlement for drunk driving?
Average Settlement For Drunk Driving Accident. posted: Feb. 06, 2020. The average settlement for a drunk driving accident is about $125,000 according to online research. This is because the range of damage coverage on most insurance policies is only $50,000 to $200,000.
Why is there no average settlement in a lawsuit?
The Law Suit Info Center’s article, however, explains that there is no average settlement because each accident is different . Although, they do have a list of average settlements in different types of cases.
What to do if you get hit by a drunk driver in Mesa?
If you were hit by a drunk driver in Mesa, contact the Personal Injury Attorneys at The Bradshaw Firm today. The Bradshaw Firm’s drunk driving accident attorneys have years of experience with car accidents and success with winning drunk driving accident cases in Mesa.
Economic Damages for Drinking and Driving
When you have been in a car accident from drinking and driving, there are several economic damages that you will be eligible for.
Non-Economic Damages for Drinking and Driving
Non-economic damages refer to the damages you incur that are not quantified by receipts and medical bills.
Contact a Florida Personal Injury Attorney Today
We have been working with victims of drinking and driving for years and know how to fight for your rights. Call our car accident attorney team for a free consultation today at (850) 706-4434. We’ll fight for you to get your life back.
How long do you have to file a drunk driving lawsuit?
You generally have two years to file your drunk driving accident lawsuit. Do You Have to Wait for the Outcome of the Driver’s Criminal Case to File a Claim? If the other driver has criminal charges pending, you do not have to wait for the outcome of that case in order to pursue a personal injury case.
What damages can you recover from a drunk driver?
Punitive damages: You may also be able to recover punitive damages, which seek to punish the drunk driver for their actions.
What is personal injury case?
A personal injury case will seek financial compensation for your losses from the negligent driver.
Is a criminal case separate from a personal injury case?
While the existence of a criminal case may provide compelling evidence for your personal injury case, they are legally separate.
Does driver's insurance cover losses?
The driver’s insurance coverage will not cover your losses.
Can you get more for your losses than you realize?
You could get more for your losses than you realize. A lawyer from our firm can calculate your expenses and determine what a fair settlement offer looks like in your case.
Can you still be at fault for a drunk driver?
Despite being hit by a drunk driver, you could still hold a portion of fault for the accident. You may wonder how this fact could affect your settlement’s value.
How much money can a jury settle for a drunk driver?
Such settlements may range anywhere from a few thousand dollars to hundreds of thousands of dollars.
How to find out how much a drunk driving case is worth?
To learn more about how much your case may be worth, contact the drunk driving attorneys at Zinda Law Group for a free consultation. In this consultation, an attorney may listen to the facts of your case and give you a better estimate on what compensation you may be able to seek. To speak to a lawyer today, call us at (800) 863-5312.
How terrible was the intoxicated driver’s conduct?
The more unreasonable the drunk-drivers conduct, the more likely it is to increase the potential settlement amount. When examining the at-fault driver’s behavior, some things to consider include:
What is the number to call for drunk driving accident?
If you have been injured in an accident involving a drunk driver, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with our drunk driving injury attorneys. Meetings with attorneys by appointment only.
Can a drunk driver increase a settlement?
Proving personal injuries were caused by a drunk driver can significantly increase the settlement amount of a claim. In some states, such as Colorado, the injured party may be entitled to punitive damages, allowing the injured party to recover additional damages based on the egregiousness of the defendant’s conduct.
Can you recover more than the insurance limits?
In some limited circumstances, it is possible to recover more than the coverage available through the applicable insurance policies. For example, when the i nsurance company acts in bad faith. However, many claims will be limited to the insurance available. It is also important to note that you can pursue the drunk driver as an individual to try to recover more than the limits of the insurance policy. However, going after the drunk driver individually is often so costly and time-consuming that this is not a feasible option.
When examining the severity of injuries, what are some considerations?
When examining the severity of injuries, some considerations include: The total amount of medical bills; The types of treatment received; The types of treatment recommended; The extent of any visible injuries; Any permanent impairment; Any permanent scarring or disfigurement; and.
