Potential Injuries Sustained as a Result of the Accident
Drunk driving accidents can lead to severe and sometimes fatal injuries for anyone involved. One of the most common severe injuries is a traumatic brain injury, which can cause significant changes to how someone’s brain works. They may have difficulty with memory, emotions, vision, and hearing as a result. Severe accidents can lead to spinal injuries, which can cause someone to be paralyzed, as well as organ damage that may require emergency surgery and years of recovery. Other common injuries include broken bones, bruises, burns, and more. The severity of the injuries can depend on how the accident occurred, the vehicles involved, the speeds of both drivers, and other factors.
What to Do After a Drunk Driving Accident
After a drunk driving accident, victims should seek immediate medical attention for any injuries sustained. Anyone involved in the accident can get medical care right away to start recovering from the injuries. After this, it’s a good idea for those injured by a drunk driver to talk to a lawyer about the situation. Knowing who is liable for the accident and what compensation can be requested can be complex, but a lawyer will help their client gain as much compensation from the accident as possible. This will help prevent the victim from having to pay any of the accident-related expenses out of pocket.
Amount of Compensation Possible From the Accident
The amount of compensation obtained after a drunk driving accident will vary based on the injuries and damages. Since these accidents can be severe, compensation amounts tend to be high. Each case is different, however, so a lawyer should review the case to make sure the victim can receive as much money as possible to cover their expenses. Potential types of compensation after a drunk driving accident include medical bills related to the accident, future medical bills, property damage, lost wages, a reduced earning capacity, emotional trauma, loss of enjoyment of life, and a lot more.
Who’s Liable for the Accident?
Liability can be complex for an accident like this. The drunk driver may be liable for the accident, but they may not have sufficient insurance coverage for the amount of compensation that needs to be paid. There are other possibilities for liability that should be considered, as well. If the driver was working at the time of the accident, their employer may be liable for the accident. If the driver was at a bar, restaurant, or other facility and was over-served before getting in the vehicle, the place that served them could be found liable. This is not something that applies to every case, but it can happen, especially if the drunk driver was a minor at the time of the accident.
What to Avoid After a Drunk Driving Accident
Mistakes are easy to make after a drunk driving accident, especially for those who have never been in an accident before. Some of the things to avoid include the following.
• Putting Off Medical Care – Far too many people will put off getting medical care after an accident because they don’t feel hurt. The longer medical care is put off, the more serious injuries can become. On top of this, it can be more difficult to prove the injuries were caused by the accident, so this can mean they won’t be covered under any compensation that is received.
• Admitting Any Fault in the Accident – It’s natural to apologize after an accident, but always avoid doing this or admitting to any fault in an accident. It’s better to have a lawyer do the talking when the accident needs to be discussed with the insurance company. If the victim accidentally admits fault or partial fault, it could impact whether or not they’re able to obtain compensation.
• Talking to Insurance Companies – Victims should avoid talking to the insurance company on their own. It’s all too easy to end up saying something that could limit the amount of compensation received or make it seem like the victim is at least partially at fault for the accident. Let a lawyer handle any conversations with the insurance company.
• Accepting the First Settlement Offer – Many victims will accept the initial settlement offer because they don’t realize they can negotiate for a higher amount. Never accept a settlement without having a lawyer review it. If the settlement received is too low to cover all accident-related expenses, any other expenses will need to be paid out of pocket. It’s not possible to go back later and request more money.
• Failing to Seek Help – The biggest mistake victims can make is failing to get help for the accident. The lawyer’s fees will be paid as a part of the settlement, so there’s no reason to avoid getting legal help. Always talk to a lawyer about the case to learn more about how they can help.
• Waiting to File a Claim – Victims who wait too long may find out they can no longer receive compensation due to the statute of limitations. Instead, contact a lawyer quickly to avoid running out of time.
If you’ve been injured in a drunk driving accident, it’s possible you could obtain compensation to cover any of the expenses from the accident. However, it is important to take action now to avoid anything that could limit your potential for obtaining this compensation. We have experience working with victims of drunk driving accidents and are ready to help with your case. Call us now to learn more about how we can help or to set up a consultation and discuss the details of your case.
FAQs About Drunk Driving Accidents
As you wait for a consultation with a lawyer, you likely have a lot of questions about your case and what you can do next. Read the FAQs here to get more information before your opportunity to discuss the details of the case with a lawyer.
How Common are Drunk Driving Accidents?
In Los Angeles, there are more than 3,000 drunk driving accidents reported each year. Unfortunately, this number increased significantly between 2012 and 2016. This is despite the amount of public transportation in the area and alternatives like rideshare programs. Younger people, ages 21 to 34, are more likely to be involved in a drunk driving accident.
How Do I File a Claim for a Drunk Driving Accident?
After a drunk driving accident, the victim can file a claim with the at-fault driver’s insurance company and request compensation for any expenses from the accident. This needs to be done carefully to prevent any possible issues. It is a good idea to work with a lawyer when filing the claim to make sure there aren’t any problems with it.
How Much Time Do I Have to File a Claim?
In most cases, victims will have two years to file a claim. There are exceptions to this, though they are rare. Exceptions can come into play if the victim was a minor at the time of the accident, if the drunk driver is in jail, if the driver has disappeared and can’t be found, or if they’ve left the state. It’s also possible for the statute of limitations to be paused if there was a reasonable delay in discovering any injuries resulting from the accident. It is better to file the claim within two years, however, as it can be difficult to be approved for these exceptions.
How Much Compensation Can I Receive for the Accident?
Each case is different, so it’s not always easy to tell how much compensation someone can receive. For severe injuries, it may be possible to receive extra compensation to cover the loss of enjoyment of life on top of present and future medical bills. For minor injuries, it’s possible to obtain compensation for pain and suffering along with medical bills, property damage, and more.
What Types of Compensation Can I Receive?
Types of compensation can vary from case to case. Typically, victims will receive compensation for their present and future medical expenses, any property damage, lost wages, and any other expenses related to the accident. There are also non-quantifiable damages that can be obtained, such as the loss of enjoyment of life for someone who suffers permanent injuries as a result of the accident. Punitive damages are possible and meant as a way to punish the at-fault driver.
What Happens if the Drunk Driver Leaves the Scene?
If the drunk driver leaves the scene, it may be more difficult to prove they caused the accident or that they were driving while under the influence. More evidence may be needed to prove the case once the driver is found. It is important to work with a lawyer in this type of situation, as it may be more complicated due to the fact the drunk driver left the scene after the accident occurred.
Can I Obtain Compensation if the Driver is Found Not Guilty of a DUI?
The criminal case for a DUI and the civil case for obtaining compensation are not connected. While it may be possible to wait until the criminal case has concluded to file a compensation claim, this often isn’t necessary. If the driver is found guilty of a DUI, it can help the case for compensation as the conviction can be used as evidence of fault. If, however, the driver pleads to a lesser charge or avoids a conviction, the victim can still obtain compensation for the accident.
Do I Need to be Involved in the Criminal Case in Any Way?
The victim of the accident will not likely need to be involved in the criminal case. They may want to be involved, however, to be able to tell about the impact it has on their life. This can impact the sentencing for the drunk driver as well as make them aware of what their actions caused. Victims should speak with a lawyer before being involved in the case to prevent potential issues.
When Should I Hire an Attorney to Handle My Case?
It’s a good idea to hire an attorney as soon as possible after the accident. Medical attention is needed first, but after that, it’s likely the victim will receive calls from the insurance company or need to get started filing a claim. This is when they’ll want an attorney to help them with everything and make sure they can receive the full amount of compensation they may be owed from the accident.
Should I Talk to the Insurance Company About What Happened?
It is not recommended for anyone to talk to the insurance company without legal advice. It’s easy to end up saying something inadvertently that could be taken out of context and used against the victim. This can mean the victim is unable to receive the full amount of compensation they are owed from the accident and they’ll end up paying some or all of their expenses out of pocket.
When Should I Accept a Settlement Offer?
It is not recommended for victims to accept a settlement offer from the insurance company without speaking to a lawyer first. It is common for insurance companies to offer a very low settlement in the beginning, as once it’s accepted, they no longer have to pay for other types of compensation the victim may have been able to receive. Instead, talk to a lawyer and let them review any settlement offers. They may be able to negotiate for a much higher amount.
If you’ve been the victim of a drunk driving accident, speaking with a lawyer now gives you the chance to learn more about your case and get answers to any specific questions you might have. The lawyer will be able to work with you to obtain a much higher amount of compensation, so you don’t have to worry about paying for anything out of pocket. Contact us today to schedule a consultation and discuss your case with a lawyer who can provide more specific advice and help you through all of the upcoming steps to obtain compensation.
