What is the Average Settlement for a Car Accident with a Drunk Driver?
November 22, 2022
When we calculate the value of your car accident caused by a drunk driver, we will use the details of your situation to come to an estimate. The cost of your damages will be independent of the average settlement for a car accident case––mostly because such an average does not exist.
We will look at all of your losses as a whole. Typically, the more your injuries cost you, the more money you can seek.
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.
Damages You Can Seek in a Drunk Driving Case
Drunk drivers can do serious damage in the event of an accident. You can seek almost any cost or loss that resulted directly because of the crash, including:
- Past and future pain and suffering: We can place a dollar value on your physical and emotional suffering based on your quality of life.
- Past and future medical bills: Everything from your initial emergency room visit to your follow-up doctors’ appointments can be accounted for in your case.
- Past lost wages: We can seek compensation to make up for your lost wages, tips, commissions, and employee benefits.
- Future loss of earning capacity. Your injuries could affect your ability to work. If you have to change jobs or work fewer hours, you can seek compensation for this loss.
- Punitive damages: You may also be able to recover punitive damages, which seek to punish the drunk driver for their actions.
When you work with someone from our team, we can be sure to value your case so that every possible cost or loss is considered. When we go to the insurance company with your claim, we will fight for all damages available in your case.
For a free legal consultation, call (855) 605-2959
Factors that Can Complicate Matters when Determining a Fair Settlement
Drunk driving cases can differ from other types of car accidents in a few important ways:
- There was likely a ticket issued to a driver for drunk driving.
- This ticket is clear evidence that the other driver was negligent when they hit you.
- The court system takes drunk driving accident cases very seriously.
With all of these factors considered, an insurance company may be more likely to offer you a full, fair offer for your drunk driving case. After all, their client was clearly in the wrong—and you could have devastating injuries as a result.
Should You File a Personal Injury Lawsuit?
You may want to take your case to court if your accident involved a drunk driver, but it may not be necessary to do so. Given the unique factors described above, your drunk driving case has a good chance of succeeding as an insurance claim.
Because you may be able to receive the settlement you deserve through the claims process, you could avoid litigation and potentially get your settlement check much faster.
However, we may recommend taking your case to court if:
- The insurance company will not offer you an adequate settlement.
- The driver’s insurance coverage will not cover your losses.
- The driver was uninsured or underinsured.
To file a lawsuit, you’ll have to meet the state’s statute of limitations deadline, per NRS §11.190(4)(e). 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.
While the existence of a criminal case may provide compelling evidence for your personal injury case, they are legally separate.
Consider the following:
- A criminal case will levy punitive charges against the drunk driver.
- A personal injury case will seek financial compensation for your losses from the negligent driver.
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What if You Were Partially at Fault for the Accident?
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.
As long as you weren’t mostly responsible for the accident, you can still pursue compensation from the drunk driver. We can tell you how Nevada’s comparative negligence laws (NRS §41.141) may apply to your case.
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Bernstein & Poisson Gets Results for our Clients
We have obtained hundreds of millions of dollars for our clients, including:
- $9 million for a motor vehicle crash resulting in a neck injury
- $3 million for an accident resulting in a driver’s death
- $450,000 for an accident with a drunk driver resulting in a neck injury
Our legal team can stand by your side every step of the way. We can handle everything for you while you recover from your accident.
Call for Free Today
Call us today to learn more about the average settlement for DUI-related car accidents like yours. The call is free, and you don’t have to pay us anything to get started with your case.
Call or text (855) 605-2959 or complete a Free Case Review form
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“After being in an accident my friend told me to call Bernstein and Poisson. A lawyer named Brian came to my home to meet with me and started my claim immediately. The legal team was extremely efficient, responded back to me quickly, listened to my concerns, and handled everything with speed and accuracy. Every step of the way was communicated. I received my settlement in 10 months’ time. I highly recommend using Berstein and Poisson. Thank you for helping get my life back on track.”