when hit by a drunk driver, how much money does your attorney usually get you

Full Answer

How much punitive damages can I get for a DUI accident?

In other words, you cannot get a huge punitive damages award if the DUI driver is poor. Windhaven insured the car that the drunk driver was driving. The at fault driver had a $10,000 per person, $20,000 per accident in bodily injury liability (BIL) coverage.

Why is a drunk driving accident case better if the at-fault?

The other driver failed to slow down. Joe was rear ended by the other car. The at-fault driver’s car had disabling damage. All things equal, a drunk driving accident case is better if the at fault car was disabled. This is because a jury has an easier time believing that you were injured in the accident. The drunk driver’s airbag deployed.

What is the average settlement for being rear-ended by a drunk driver?

The average settlement for being rear-ended by a drunk driver is about $57,000 according to Law Suit Info Center. The Law Suit Info Center’s article, however, explains that there is no average settlement because each accident is different.

What is the average cost of a drunk driving accident?

This is because the range of damage coverage on most insurance policies is only $50,000 to $200,000. However, some drunk driving accidents settle for less than $10,000 while some may go as high as $1,000,000.

What is the average settlement for a car accident in Georgia?

According to the Insurance Information Institute, the average personal injury car accident claim in 2019 settled for $18,417. The average property damage car accident settlement came in at $4,525 that same year.

Is it my fault if im drunk?

Driving under the influence of drugs or alcohol doesn't mean you're automatically at fault for an accident. It's entirely possible for the cause of the accident to be unrelated to the driver's intoxication.

Who are liable for damages in a drunken driving accident?

You have rights after a drunk driving accident. If you were injured or lost a loved one to the recklessness of a driver who was under the influence, you may be entitled to compensation. However, the drunk driver may not be the only liable party in your claim.

Are drunk drivers always at fault in Texas?

Drunk drivers are not always at fault in car accidents. In Texas, fault is a complicated legal issue involving negligence and multiple state statutes.

Who can be held responsible for a drunk driving accident?

Part of getting the settlement that you deserve for drunk driver accident is knowing who can be held responsible other than the drunk driver. Other...

Is the drunk driver always at fault?

A drunk driver almost always shares at least some fault for a crash. However, fault hinges on whose actions caused the crash to occur. More than on...

Do insurance companies pay out for drunk driving accidents?

Yes. Unless the drunk driver is very wealthy, his insurance usually pays the settlement.

Is it worth suing a drunk driver?

Most cases against drunk drivers settle before a lawsuit is filed. However, if the insurance company is unfair or unreasonable, a lawsuit is someti...

How long does a DUI settlement take?

A DUI settlement can take anywhere from a few weeks to several years. Each case is different and depends on how severe the injuries are, and your p...

How much money can you get for drunk driving?

Typically, after a moderately severe drunk driving accident, you can get awarded up to $80,000 for your damages, which include medical bills, vehicle repairs, pain and suffering, etc. The more severe your case is, the more money you can receive. Some cases can even recover compensation up to around $125,000 as well.

How much can you be responsible for an accident in Georgia?

The average value of settlements also fluctuates due to the at-fault laws in Georgia. In simple terms, the at-fault rules state that you cannot be more than 50% responsible for your accident if you want to file a claim.

What is punitive damages?

Punitive damages, also referred to as exemplary damages, are a form of punishment for the drunk driver. According to the Official Code of Georgia Annotated (O.C.G.A.) §51-12-5.1, punitive damages are only counted if the person who caused your personal injury:

What do you need to know when seeking compensation?

When you seek compensation, you will need to calculate all of your economic and non-economic damages. In addition, you will also want to factor in all of the various expenses you may have incurred as a direct result of your accident. A lawyer can help you assess all of your damages accurately, so nothing gets left out when it comes time to collect.

What happens if you are less than 50% at fault?

If you are less than 50% at-fault, whatever percentage you are responsible for gets deducted from your final settlement amount. This will reduce the value of your settlement and directly impact how much you can receive.

Why are insurance companies not offering settlements?

When you file a claim, the insurance companies will not stand by idly while you seek a settlement. Their interests are in protecting themselves, not offering you compensation. The high settlement amounts you come across are primarily due to the strong legal representation that helped them get fairly compensated for their damages.

Do you deserve a settlement for a drunk driving accident?

You deserve a settlement that truly reflects your damages. Do not let the defense blame you for your accident and make you lose out on the money that is rightfully yours. Our drunk driving accident attorneys can help you get justice for what happened and a fair settlement that will pay for all of your damages.

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.

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.

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.

Who insured the drunk driver who caused the accident?

GEICO insured the drunk driver who caused the accident. According to the police report, the at-fault driver was driving the wrong way. She attempted to make a u-turn in the roadway. While doing so, she struck our client’s vehicle. GEICO ’s first offer was $17,500.

Why is the value of a DUI case higher?

The full value of a case is higher if the at fault driver tests positive for drugs . This is because the jury can award punitive damages. That said, punitive damages are higher if the driver has a larger net worth. In other words, you cannot get a huge punitive damages award if the DUI driver is poor.

Why does a motorcycle rider need a permanent injury?

This is because a motorcycle rider who is hit by another driver doesn’t need a permanent injury in order to get money for pain and suffering. On the other hand, if the injured person is in a car, he or she likely needs a permanent injury to get compensation for pain and suffering.

How much is the average pain and suffering award for a parent whose minor child is killed?

This is because the average pain and suffering award for a parent whose minor child is killed is around $4.1 million. At least that is what I’ve seen after reviewing many verdicts.

What was Jerry's arrest record?

The arrest record (the complaint affidavit) said that Jerry had an indication of alcohol influence and drug influence.

Who did Windhaven hire to represent the DUI driver?

Windhaven hired an insurance defense attorney to represent the DUI driver. Windhaven made the decision to pay $10,000 to the PR of the estate of the woman who was killed in the accident.

Do BIL adjusters pay more for pain and suffering?

In addition, juries often award more money for pain and suffering if they hear that the at fault driver refused to submit to a blood-alcohol test. BIL insurance adjusters know this and thus often offer more money to settle the personal injury case.

What happens if you get hit by a drunk driver?

If you were hit by a drunk driver, settlement negotiations will focus mostly on compensatory damages. These are the losses that you suffered as a result of the drunk driving crash.

What is punitive damages in Texas?

In Texas, punitive damages are called “exemplary” damages. These are not meant to compensate a victim but instead focus on punishing the defendant. Exemplary damages are available when there is clear and convincing evidence that a defendant acted with fraud, malice, or gross negligence. Drunk driving usually qualifies as an example of gross negligence.

What is the appropriate settlement amount?

It depends on the defendant's conduct, the appearance witnesses will make in court, the skill of the attorneys, the amount of insurance coverage, the plaintiff's injuries , the plaintiff's pre-existing conditions, the loss of earning capacity, whether there's disfigurement, impairment, the amount of plaintiff's medical care, the cost of future medical care, etc.

Is a solvent defendant a higher recovery?

In cases in which there is a solvent defendant, the recoveries are much higher. Each case depends on the actual kind of physical injury. It is not the average that matters, it is the standard deviation from that average, and that is so large that you cannot make a decision based on averages.

Do drunk drivers have a greater settlement?

Cases involving drunk drivers are typically have greater settlement value than auto collision that do not involved an impaired driver. This is due primarily to the fact that civil juries (much like criminal court juries) do not like drunk driving in general and do not have empathy for people who chose to drive drunk and cause collisions. For that reason, your case will have greater value to an insurance company.

What happens if you get hit by a drunk driver?

If you're hit by a drunk driver, you've got a good chance at winning a lawsuit. But before you sue, you'll want to consider the easier route of an insurance claim. If you're in a car accident where the other driver was under the influence of alcohol or drugs, you have a very good chance of getting compensation for any injuries stemming from ...

What happens if a lawsuit against an insured goes to trial?

Insurance companies know that, if the lawsuit against their insured goes to trial and a jury is allowed to decide on a monetary award for a sympathetic plaintiff who has been hit by a drunk driver, they're going to end up paying through the proverbial nose.

Can insurance companies bend over backwards?

There are very few scenarios where insurance companies will bend over backwards to avoid a lawsuit, but a surefire one is when their insured in convicted of DUI or DWI in connection with a car accident. Insurance companies know that, if the lawsuit against their insured goes to trial and a jury is allowed to decide on a monetary award ...

Do you need to have PIP insurance if you are at fault for a drunk driver?

If you live in one of the dozen or so states that follow no-fault car insurance rules, your options will be more limited, at least at the outset. You'll need to turn to your own personal injury protection (PIP) coverage to get your medical bills paid, even though the drunk driver was at fault for the accident.