If you’ve been hit by a drunk driver in Georgia, you may be wondering about how much compensation you can recover. DUI accidents often result in severe injuries and significant financial losses, making it essential for victims to seek help from an experienced personal injury attorney.
This guide will explore the average settlement if you’re hit by a drunk driver, the types of compensation you can recover, and how an Alpharetta car accident lawyer can help you seek maximum compensation.
What Is the Average Settlement If You’re Hit by a Drunk Driver?
The settlement if you’re hit by a drunk driver in Georgia can vary widely depending on several factors. Generally, settlements for drunk driving accidents tend to be higher than for other types of car accidents due to the reckless nature of the offense and the severe injuries that often result.
In Georgia, average settlements for drunk driving accidents range from $30,000 to over $500,000 or more. The settlement value depends on the severity of the injuries, the amount of property damage, and the drunk driver’s liability coverage.
For example, if the accident resulted in catastrophic injuries such as a traumatic brain injury or spinal cord damage, the settlement could easily reach hundreds of thousands or even millions of dollars. Conversely, if the injuries were relatively minor and the drunk driver had minimal insurance coverage, the settlement amount could be lower.
What Impacts Drunk Driving Accident Settlements?
Several key factors influence the settlement amount for drunk driving accidents in Georgia. Understanding these factors can help you better anticipate the potential outcomes of your case and work effectively with your car accident attorney to seek fair compensation.
Severity of Your Injuries
The severity of the injuries is one of the most significant factors affecting drunk driver settlement amounts. Drunk driving crashes often result in serious injuries such as broken bones, traumatic brain injuries, spinal cord injuries, and other life-altering conditions.
The more severe the injuries, the higher the medical bills and the longer the recovery time, which can increase the settlement value significantly.
Shared Fault
Georgia follows a modified comparative negligence rule, which means that if you are found to be partially at fault for the accident, your settlement amount could be reduced. For example, if you were 20% at fault for the accident, your final settlement would be reduced by 20%.
The Drunk Driver’s Insurance Coverage
The at-fault drunk driver’s insurance coverage also plays a critical role in determining the settlement amount. In Georgia, the minimum insurance requirements are $25,000 for bodily injury coverage per person, $50,000 for bodily injury per accident, and $25,000 for property damage coverage.
However, if the drunk driver carries more comprehensive insurance coverage, the potential settlement amount could be higher. In cases where the at-fault driver is underinsured or uninsured, you may need to rely on your uninsured motorist coverage or underinsured motorist coverage to seek compensation.
Strong Evidence
Gathering strong evidence is essential in drunk driving accident cases. This includes police reports, witness statements, medical records, and any available video footage from the accident scene. The more compelling the evidence, the stronger your drunk driving accident claim will be, and the more likely you are to receive a favorable settlement amount from the drunk driver’s insurance company.
Legal Representation
An experienced car accident attorney can help you obtain the maximum compensation in your drunk driving accident case.
Insurance companies aim to minimize payouts, and you’re at a disadvantage without legal representation. A skilled car accident lawyer can negotiate with the drunk driver’s insurance company to secure a fair settlement. If necessary, our experienced attorneys will fight for you in a lawsuit.
Compensation for Drunk Driving Accidents
You may be entitled to several types of compensation if a drunk driver hits you. A skilled Alpharetta car accident lawyer will fight for the maximum payout.
Medical Bills
One of the primary forms of compensation in a drunk driving accident settlement is for medical expenses. This includes costs for emergency room visits, hospital stays, surgeries, medications, rehabilitation, and any ongoing medical care required as a result of the accident.
Your car accident claim can also include future medical costs if your injuries require long-term care or additional surgeries.
Lost Income
If you cannot work due to injuries after a drunk driving accident, you can claim compensation for lost wages. This includes not only the income you have already lost but also any future lost income if your injuries prevent you from returning to work or require you to take a lower-paying job.
Property Damage
Compensation for property damage is another important component of a drunk driving accident settlement. This covers the cost of repairing or replacing your vehicle and any other personal property damaged in the accident. In some cases, you may also be entitled to compensation for the loss of use of your vehicle while it is being repaired or replaced.
Pain and Suffering
Pain and suffering compensation is meant to address the physical and emotional pain caused by the accident. This can include physical pain, emotional distress, anxiety, depression, and other non-economic damages. The amount of pain and suffering compensation can vary widely depending on the severity of the injuries and their impact on the victim’s life.
Punitive Damages
If a drunk driving accident case goes to court, the victim can generally pursue punitive damages in a personal injury lawsuit. Unlike compensatory damages, which are intended to reimburse the victim for their losses, punitive damages are designed to punish the at-fault driver for their reckless behavior.
Georgia law usually limits punitive damages to $250,000 in a personal injury claim. However, drunk drivers are one of the exceptions. There is no cap on punitive damages in drunk driving accidents.
Filing a Wrongful Death Case After a Drunk Driving Accident
Tragically, some drunk driving accidents result in fatalities. In such cases, the surviving family members may be entitled to file a wrongful death lawsuit against the at-fault drunk driver. A wrongful death case seeks to provide compensation for the loss of a loved one and the financial and emotional impact on the surviving family members.
Compensation in a wrongful death case may include medical bills from before the deceased’s death, funeral and burial expenses, loss of financial support, loss of companionship, and emotional pain and suffering.
Who Can File a Wrongful Death Claim?
In Georgia law, the surviving spouse of the deceased has the right to file a wrongful death claim. If there is no surviving spouse, the deceased’s children may file the claim. If there are no children, the deceased’s parents or the personal representative of the deceased’s estate may file the claim.
An experienced personal injury attorney can help you navigate the complexities of filing a wrongful death claim.
How a Lawyer Can Help Drunk Driving Accident Victims
Navigating the aftermath of a drunk driving accident in Georgia can be overwhelming, especially when dealing with serious injuries, emotional trauma, and financial strain. Hiring an experienced personal injury lawyer can provide invaluable support and guidance.
Gather Evidence
Building a strong drunk driving accident claim requires carefully gathering evidence. Your attorney will work to obtain police reports, medical records, witness statements, and any other relevant documentation to support your case. They may also collaborate with accident reconstruction experts, medical professionals, and other specialists to strengthen your claim.
Negotiating with the Insurance Company
Dealing with the drunk driver’s insurance company can be challenging, especially when they are focused on minimizing payouts.
An experienced car accident attorney will handle all communications and negotiations with the insurance company on your behalf. They will work to secure compensation for all your losses, including medical expenses, lost wages, property damage, pain and suffering, and any other applicable damages.
Representing You in Court
If a fair settlement cannot be reached through negotiations, your attorney may advise filing a personal injury lawsuit. In court, your lawyer will present your case, argue on your behalf, and fight for the compensation you deserve. Having a skilled legal advocate by your side can make a significant difference in the outcome of your case.
Who Can Be Liable for a DUI Accident in Georgia?
When it comes to liability for a DUI accident, the drunk driver is typically the primary at-fault party. However, in some cases, other parties may also share responsibility for the accident.
The Drunk Driver
The intoxicated driver who caused the accident is usually held responsible for the damages and injuries resulting from their actions. Drunk drivers can face both criminal charges and civil liability for their actions. In a civil personal injury case, the drunk driver’s insurance company may be required to compensate the victims for their losses.
Bars and Restaurants
Under Georgia law, bars, restaurants, and other establishments that serve alcohol can also be held liable for drunk driving accidents in certain circumstances. This is known as “dram shop” liability.
If a bar or restaurant serves alcohol to a visibly intoxicated person who then causes an accident, the establishment may be held responsible. Proving dram shop liability can be challenging, requiring evidence that the establishment knowingly served alcohol to an intoxicated person and that this directly contributed to the accident.
Employers
In some cases, an employer may be held liable for a drunk driving accident if the driver was acting within the scope of their employment at the time of the crash. For example, if a delivery driver is intoxicated while making deliveries for their employer and causes an accident, the employer may be held responsible for the damages.
Establishing employer liability requires demonstrating that the drunk driver was acting in the course of their employment and that the employer was negligent in some way, such as failing to enforce a company policy against drunk driving.
How Long Do I Have to File a Car Accident Claim in Georgia?
Victims of car accidents have a limited amount of time to take legal action. In Georgia, the statute of limitations is typically two years after a car accident. Missing the deadline can result in losing your right to seek compensation.
However, the statute of limitations can be extended in some circumstances. If a drunk driver is facing criminal charges related to the crash, the clock on the statute of limitations for the personal injury claim does not start until the criminal case is resolved.
It’s important to contact an experienced personal injury attorney as soon as possible. Evidence can quickly disappear or become less reliable over time, making it more challenging to build a strong case.
Contact Our Alpharetta Car Accident Lawyers for a Free Consultation
Being hit by a drunk driver can be a traumatic and life-altering experience, leaving victims with serious injuries, emotional distress, and significant financial burdens. An experienced personal injury lawyer can help you seek the maximum compensation in your drunk driving accident case.
Our attorneys at Horst Shewmaker have recovered millions of dollars for clients in Georgia. If you or a loved one has been involved in a drunk driving accident in Georgia, contact us today for a free consultation to learn how we can help you seek justice.
