If you are injured in a collision with a drunk driver, it may be quite distressing, painful, and costly. If you’re thinking about taking legal action because of a drunk driving accident, you may be curious about the typical settlement amount.
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Is the Driver covered by Insurance?
Insurance coverage is the most critical consideration in a settlement after an alcohol-related car accident. Accident victims who are insured initially try to settle with their insurers to see whether a settlement can be reached. Victims may be paid, but only up to the drunk driver’s insurance limits. An uninsured motorist policy may allow a victim to sue their insurer for damages if the driver is not covered. People may file a personal injury claim to recoup part of their losses after pursuing all other options.
Can I Be Held Accountable for the Crash if I Contributed to It?
Coloradans can employ modified comparative negligence in their cases. If a plaintiff’s liability is more or equivalent to the defendant’s, they will not be compensated by the other party.
Legally, how much insurance is required?
You must have a certain amount of insurance coverage to drive on public roads in any state.
- A minimum of $25,000 per person and $50,000 per event is necessary for bodily injury coverage.
- For property damage claims, a minimum of $25,000 in coverage is necessary.
Driving without appropriate insurance is against the law. Compensation from an uninsured driver may be collected either directly from the uninsured or via the uninsured driver’s uninsured insurance.
All of your losses, monetary and otherwise, must be calculated to get compensation. Your accident-related expenses should also be included in your insurance claim. A lawyer can help you accurately analyze all of your losses so that nothing is missed when it comes time to seek damages.
Calculation of Damages for Drunk Driving Case Settlements
To determine the value of a drunk driving case settlement, you must first calculate your losses. It’s important to remember that the total amount of your compensation includes both economic and non-economic losses.
Economic losses are those you suffer as a direct result of the accident. A single bill covers everything from medical bills to property damage to missed pay and everything in between. Your economic losses are affected because of your injuries and whether or not they result in long-term disability.
If you’re paralyzed due to your injuries, you’ll need additional medical care and home accessibility modifications.
Damages that cannot be defined using receipts or invoices are known as general damages. One of the most common consequences of an accident is the loss of a loved one and physical and emotional agony and suffering. Non-economic damages are generally computed by multiplying the overall economic losses by a unique multiplier, typically between 1 and 5. Some lawyers will use the strategy, but not everyone will.
Because of their disregard for the safety of others, the defendant may be held responsible for exemplary damages. To punish the at-fault motorist, exemplary damages are used instead of compensating victims. This type of compensation is not guaranteed for drunk driving cases, although a court may still give it.
What Is the Average Amount of Remuneration that Individuals Get?
With a statutory minimum of $25,000, you may get paid in that neighborhood. Depending on the severity of your injuries and the scope of the at-fault driver’s insurance coverage, you may be entitled to substantially more money.
In a relatively severe drunk driving accident, you may be entitled to up to $80,000 in damages, including medical costs, car repairs, pain and suffering, and other intangible losses. To get a larger settlement, your case must be more severe. In rare cases, you may be able to collect as much as $125,000 or perhaps more.
Each person’s injuries and losses are unique, and the amount of compensation they seek will be influenced by these factors. Although it is not feasible to offer a uniform estimate, you should generally expect substantial compensation if a drunk driver caused your accident.
Developing a Solid Case
There must build a strong case if you decide to launch a lawsuit against the drunk driver in court. This includes police and accident reports, witness statements and testimony, blood alcohol concentration test results, expert witness opinion, surveillance video, accident scene photographs, 911 call recording, and hospital records proving injury. All of this evidence could be used in a criminal case.
They might risk a criminal DUI conviction if they were driving under the influence of alcohol or other substances. If this is the case, their criminal record might be an asset in settling the case. A DUI conviction is beneficial to attorneys when negotiating a settlement with a drunk motorist. You can be confident that a skilled personal injury attorney will conduct a thorough investigation and build your case based on their uncovered data.
Lawsuit Settlements for Drunk Driving: The Facts
In every personal injury case, it’s critical to assess the expenses of filing a claim against the possible reward. It’s practically hard to find an average drunk driver settlement that fits your specific scenario since each case is unique.
A few thousand dollars may be all that is needed to resolve a Colorado drunk driving case, while a multi-million-dollar settlement is possible. The severity of the injury, the degree of responsibility for each driver, the losses experienced, and the number of exemplary damages all play a role in the possible settlement of a drunk driving case.
Insurance companies won’t sit on their hands if you submit a claim and ask for a settlement. They care more about their own safety than about compensating you. The high settlement sums you see are mostly attributable to the outstanding legal counsel that helped them get a fair payment for their losses.
In the first month after an accident, it may be possible to calculate some of these elements, although it is more challenging. Obtaining the compensation you are entitled to might be a difficult procedure. You want to work with an experienced and compassionate law firm. Injured victims and their families have relied on The Law Offices of Pit Martin for over 37 years.
