DRUNK DRIVING
ACCIDENT ATTORNEYS

Yes. In most cases, drunk drivers are arrested and charged criminally. If they are found guilty of drunk driving they face consequences such as jail time, fines, loss of driving privileges etc. These penalties however, are focused on punishing the driver, not on compensating the victim.

As part of the criminal proceedings, the offender may be required to pay “victim restitution” which, if paid, may cover some or most of the economic damages. However, victim restitution does not preclude you from seeking further compensation through a personal injury claim for other damages that are not ordered and other types of damages including non-economic.

It is important to note that what the judge orders as victim restitution must be excluded from your civil suit. You can only be compensated once for the same damages. For example, if the offender is ordered to pay you for your lost wages, you cannot then seek compensation for lost wages in your civil claim.

Compensation amounts for victims of drunk driving are dependent on the severity of the accident and its long-term impacts. A drunk driving accident lawyer will be able to evaluate your case and give you a well-educated opinion or estimate on what your claim might be worth. Remember, if you are receiving victim restitution, you cannot include those items in your claim.

In general, drunk driving accident compensation includes but is not limited to the following economic damages:

• Medical Expenses: Ambulance, Surgery, Hospital Stays, Lab Fees, Anesthesia, Home Health Care, Rehabilitation, Physical Therapy, Prescriptions etc.
• Durable Medical Goods: Wheelchairs, Crutches, Splints, Bandages etc.
• Lost Income: Salary, Wages, Retirement Contributions
• Future Medical Care: Daily Living Assistance, Home Modifications, Rehabilitation and continuing Physical Therapy.
• Future Lost Wages: Future Salary Losses and Lost Income directly related to the accident.

Non-economic damages that are usually not included in victim restitution but can be recovered through a civil claim include:

• Pain from the accident and recovery
• Suffering from injuries
• Mental anguish
• Disability
• Disfigurement

In the tragic event that an accident causes the loss of a loved one, the victim’s family may be entitled to additional damages called “Wrongful Death Damages.” A drunk driving accident lawyer is a critical advocate for families who have lost a loved one.

You are not required to have a lawyer to file a drunk driving accident personal injury claim, however, it may be in your best interest to do so. A successful accident claim is dependent on many factors and is made up of many moving parts. One mistake in filing, a missed deadline, or a claim lacking sufficient evidence can result in you missing out on the fair compensation you deserve.

Having a lawyer handle your claim can help you avoid costly mistakes, annoying delays, and even more time off work. A lawyer allows you to focus your energy on healing and putting the pieces of your life back together, while they do what they are trained to do, protect your rights and best interests.

Along with the mental relief and reduced stress hiring an attorney can bring, there are also studies that show a more tangible benefit. A study by the Insurance Research Council reports that accident victims who hire an attorney to handle their case may be awarded a settlement 3 ½ times greater than someone without the help of an attorney.

Hiring a lawyer to work on your claim can be the first step to you being awarded the compensation you deserve for your losses. Every accident claim is different and is handled according to the needs of the victim.

Lawyers often provide victims the following as needed:

• Case Evaluation: This initial meeting is typically provided for free and allows you to explain your situation, ask questions and receive a recommendation on what your next step should be. If, after the evaluation, it is determined that it is not in your best interests to proceed, you are under no obligation to do so.
• Investigation: Your team will look into the details of your case to ensure they have all the facts.
• Evidence Collection: All evidence that proves negligence on the offenders behalf and justifies the amount you are seeking will be compiled and presented.
• Insurance Negotiation: Your lawyer will protect you from low-ball offers made by insurance companies hoping to settle quickly and for less than you deserve. Your lawyer looks out for you and what is in your best interests. Lawyers aren’t intimidated by fast-talking insurance adjusters.
• Court Representation: If a fair settlement can’t be reached and it is in your best interest, your lawyer will file a lawsuit and represent you in all aspects of a trial.

*Personal injury lawyers work on a contingency basis, meaning you don’t pay unless they win your case.