A common question a DUI lawyer is asked by car accident injury victims is, Can I sue a drunk driver who caused me damages? The answer depends on several factors. If you were hurt in an auto collision caused by a driver under the influence of alcohol or drugs, you have the right to seek recovery of your damages. DUI lawyers lave helped many victims receive settlements that enabled them to pay for the medical treatment they needed. In some cases, the victim is also eligible for compensation for their pain and suffering. Talk to a DUI lawyer in a free consultation to learn more.
What is a personal injury claim?
In America, a culture is often considered “litigious,” but in fact, whenever possible, a DUI lawyer avoids taking parties to court in civil actions. What is much more preferable is to negotiate a settlement on behalf of their clients who were injured in accidents that occurred through no fault of their own. The settlement process begins with the filing of a personal injury claim with the negligent driver’s insurance carrier. A DUI lawyer can help you with this process. When a victim suffers a serious injury due to the actions of a DUI driver, that driver’s insurance company may deny your claim if you do not have legal representation. If they do not deny your claim, they will likely offer you a very low settlement, one that is far less than your damages. If you have proceeded to this point on your own, do not accept their offer until you speak with a DUI lawyer because they may be able to get you a significantly larger settlement.
What is a settlement?
A settlement is the agreed-upon amount of compensation paid by an insurance company to the victim of an accident. In the context of a car accident caused by a DUI driver which results in an injury to another driver or a passenger, the settlement would be paid to the injured victim. Once the victim agrees to that settlement amount, even if they later need additional medical treatment, they cannot argue for more money. This is why it’s so important to talk with a DUI lawyer before you accept a settlement. Their years of experience handling these kinds of cases provides them with the depth of understanding necessary to anticipate future damages that should be included in the settlement.
What is involved in suing the DUI driver for damages?
Whenever possible, our DUI lawyer will negotiate with the insurance company to obtain a fair settlement for our injured client. If the insurance company refuses to offer a fair settlement, then our DUI lawyer will initiate a civil lawsuit with the goal of recovering your damages in full. Very often, early on in this process the liable insurance company will return to the negotiation process in an effort to avoid a trial.