There is no standard or average settlement for a car accident with a drunk driver because each injury claim is unique. The facts of your situation will determine the amount of recovery you might get. That said, the personal injury attorneys from Laborde Earles can determine how much you should receive from a personal injury claim.
An experienced car accident lawyer from Lafayette will base their estimate on the severity of your injuries, how much time you missed from work, and any other challenges you’ve faced or are expected to encounter in the future due to the incident. Let’s take a look at the factors that will affect the settlement you might receive from a drunk driving car accident claim.
The Severity of Your Injuries Can Affect Your Drunk Driving Car Accident Settlement
The more serious your injuries are, the more money you’ll receive from a drunk driving car accident settlement. That’s because it is only fair that a person who breaks both legs in a collision with a drunk driver gets more compensation than a person who only receives a few small bruises.
The amount of compensation you receive from your insurance coverage for your injuries will be determined by how much you’ve incurred in medical expenses. For example, if you have $20,000 in medical bills due to your accident-related injuries, you will be able to go after more compensation than a person with $500 in medical bills.
A lawyer can use copies of your medical records and bills to calculate the amount you should receive from a claim. Save all the receipts and bills you receive throughout your treatment process and hand them over to your attorney. That way, you will receive the correct amount of money from a settlement.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientLost Income as a Factor in Your Drunk Driving Accident Settlement
The average drunk driving car accident settlement also includes compensation for lost income. If you had to take time off from your job to attend medical appointments, go to follow-up procedures, receive physical therapy, and recuperate, a successful claim can provide money to make up for your lost income.
Some employers generously pay workers their full wages in these situations, but this is not always the case. If you missed any of your wages, benefits, or other kinds of regular income because of the accident or your injuries, your settlement could cover these losses.
A personal injury lawyer can use your previous paychecks and other financial records to ensure you get the money you need to offset wage losses.
You Can Seek Damages for Reduced Work Hours
If you have permanent injuries or ongoing health problems from the accident, like a bad back, loss of strength, or other issues, you might have to reduce your work hours or switch to a lower-paying job. If that happens, a drunk driving car accident settlement can provide compensation to make up for your reduced earnings.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientCompensation for Vehicle and Property Damage
Accidents caused by intoxicated drivers often lead to significant vehicle damage and harm to personal property. If your car suffered considerable damage in the incident, a winning claim could cover the cost of repairs. The money you receive from a settlement may also be put toward the cost of a replacement vehicle if your car was totaled.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow Non-Economic Losses Can Increase Your Drunk Driving Collision Injury Settlement
The average drunk driving accident victim also receives non-economic damages from a settlement. These damages can help you cope with the intangible effects of the auto accident and your physical injuries.
Depending on how the incident has impacted you, a skilled attorney may pursue the following non-economic damages:
- Pain and suffering: These damages acknowledge the physical discomfort you’ve experienced after being hit by a drunk driver. Merely paying your medical bills and lost income does not compensate you for the pain and anguish you’ve suffered. Fortunately, these damages can help you cope with what you’re feeling.
- Disfigurement: If you have significant or permanent scars, particularly in a highly visible location like the face, throat, chest, or arms, you might qualify for additional compensation.
- Post-traumatic stress disorder (PTSD): Many people develop PTSD after a crash involving catastrophic injuries or fatalities. Drunk driving collisions tend to cause severe injuries and deaths, which may lead to PTSD. PTSD can impact your ability to work, have relationships, and function on a daily basis. These damages can help you manage your condition.
- Diminished quality of life: Chronic pain, mobility issues, emotional distress, and other psychological issues caused by an alcohol-impaired driving crash can take a significant toll on your quality of life. If that’s the case for you, your drunk driving car accident settlement can provide compensation for the issues you’re experiencing with your quality of life.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientHolding a Drunk Driver Responsible for Injuries Suffered in an Accident
Before you can collect damages from the at-fault party in a drunk driving accident, you must prove that they caused your accident and that their negligence led to your injuries. Generally, the four following elements must be present in a DUI collision to prove the at-fault driver’s negligence:
- Duty of care: All road users have a duty of care or legal responsibility to drive in accordance with traffic laws in order to keep other motorists and pedestrians safe. An experienced attorney can prove that the drunk driver owed you a duty of care at the time of the DUI accident.
- Breach of duty of care: Drivers who do not follow traffic laws or act irresponsibly while on the road violate the duty of care. A drunk driving accident lawyer can use evidence to prove that the offending driver violated the duty of care.
- Causation: To file a successful drunk driving accident claim, you’ll have to prove that the at-fault party’s breach of the duty of care directly caused the crash and your injuries. An experienced car accident attorney can make a compelling case as to why the intoxicated driver’s actions were the direct cause of the incident.
- Damages: Finally, your lawyer must show that the drunk driving car accident caused you to suffer monetary losses. Once they’ve done so, you’ll likely receive a settlement that meets your needs.
If you were hurt in a drunk driving collision, you’re probably busy focusing on healing from your injuries. If that’s the case, you need to hire a drunk driving accident lawyer. An attorney can investigate your crash, prove the above-mentioned elements of negligence, and fight for maximum compensation, giving you the time you need to focus on your recovery.
Why Louisiana’s Statute of Limitations Is Critical to a Drunk Driver Accident Settlement
If your case doesn’t settle out of court, you may have to file a civil suit. Every state limits the time you have to file a personal injury lawsuit. If you miss the deadline, you likely will never be able to get monetary damages for the harm and financial losses you suffered.
In Louisiana, the deadline for filing an injury lawsuit is unusually short. You have only two years to file a personal injury lawsuit under (CC 3493.1) and two years to file a wrongful death lawsuit under (CC Art. 2315.2). The clock starts to run on the date of the accident or, in the case of a wrongful death suit, the day of your loved one’s passing.
A Stalled Claims Process Could Make You Miss the Filing Deadline
People who try to handle their injury claims on their own without an attorney are often unable to comply with the statute of limitations. That’s because the insurance company’s claims adjuster may drag out the claims process and settlement negotiations until the year passes.
After that point, the drunk driver and their insurance company have no legal obligation to pay you a cent, even if your loved one was killed in the crash. Fortunately, an experienced car accident lawyer can protect you from this heartbreaking result, but you’ll have to schedule a consultation with a law firm ASAP.
Schedule a Free Consultation With a Drunk Driving Car Accident Lawyer
While there is no average settlement for a car accident with a drunk driver, an experienced car accident attorney can explain the compensation you could recover by filing an insurance claim or personal injury lawsuit. Contact the team at Laborde Earles today to schedule a free consultation and learn more about your right to damages.
A lawyer from our law firm can meet with you to discuss the collision you were involved in and answer any questions you have about the legal process. If we find that you’re eligible to take legal action, we’ll work tirelessly to get the financial remedies you need to get your life back on track.
