How to Get Compensation From a Drunk Driver

How to Get Compensation From a Drunk Driver

How to Get Compensation From a Drunk Driver

Being involved in a drunk driving accident can be an incredibly traumatic experience, especially if the accident results in serious injury. While a criminal court case holds the drunk driver responsible, criminal charges aren’t designed to compensate victims for their losses and suffering. People may receive some sort of compensation from a criminal case for short-term medical expenses, but there’s no guarantee. This is why people injured in a drunk driving accident can pursue compensation through a civil court case.

At Mintz Law Firm, we know how frustrating it can be to be involved in a drunk driving accident. Often, victims are faced with a long road to recovery and endless medical bills in addition to being unable to work and bring home income. Our attorneys work hard so our clients don’t need to worry about their claims or lawsuits. We are determined to go the extra mile to protect their right to fair compensation, which can give them the confidence they need to focus their attention on their healing and getting their life back on track. 

Getting Compensation From a Drunk Driving Accident Through a Civil Claim

Recovering compensation from a drunk driver means filing a personal injury claim or lawsuit through the civil court system, which is separate from criminal proceedings. The purpose of a civil claim or lawsuit is to compensate victims for the losses and suffering they’ve incurred due to a negligent party. That’s not necessarily the purpose of a criminal case. 

A valid personal injury case is often built on the legal theory of negligence, which requires four main elements:

  • Duty of Care: All drivers automatically owe a duty of care to others on the road as soon as they get into their cars. A drunk driver is already breaching their duty of care due to driving under the influence. 
  • Breach of Duty: The drunk driver failed to exercise reasonable care when they decided to get behind the wheel while impaired. 
  • Causation: In a personal injury case, it’s not enough to prove the driver was drunk – the evidence must demonstrate that their drunk driving was the direct cause or significant contributor to your injury.
  • Damages: Recovering compensation requires proving that you indeed suffered harm as a result of the drunk driver and your need for the amount you are asking for.

These four elements establish your right to fair compensation for the injury and other losses you have suffered as a result of the drunk driver. While it may seem like an easy enough task, especially due to the circumstances involved in a drunk driving accident, it’s always important to have strong representation at your side. An attorney can help make sure that your best interests are at the forefront of every decision made throughout the legal process.

What’s the Average Settlement Amount for a Drunk Driving Civil Claim?

In most personal injury cases, it’s challenging to determine an average settlement amount, as this largely depends on the unique details and circumstances of every case. There are several factors that affect the potential settlement amount for a drunk driving claim or lawsuit, including:

  • The severity of the injury
  • The degree of fault for each driver 
  • The losses sustained
  • The amount of exemplary (punitive) damages

Insurance companies are quick to offer settlements that don’t accurately encompass the victim’s damages and pressure victims into accepting them. Working with an experienced auto injury attorney is the best way to ensure you’re not accepting any unfair settlement offers. 

Work With Mintz Law Firm to Recover Fair Compensation Today

When you pursue a claim after a traumatic accident like a drunk driving accident, it’s understandable to want the whole ordeal over with as quickly as possible. However, at-fault parties always try to find a way to get out of paying fair settlement amounts. The sooner you speak with an attorney, the better your chances of recovering fair compensation.

Mintz Law Firm is more than familiar with the ways that at-fault parties try to get out of paying fair compensation. Our attorneys are committed to securing the best results for clients, even if it means going to trial. Work with a firm dedicated to helping you get the justice and compensation you deserve. You can call us at (303) 462-2999 or complete our online contact form to schedule a consultation.

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