There is no set average settlement amount for a drunk driving accident. Each accident is unique, and the compensation you may receive depends on various factors, including the extent of your injuries and how they impact your life in the long term.
Factors such as medical expenses, lost wages, pain and suffering, and the overall effects on your daily activities all play a significant role in determining your potential settlement. A Florida DUI accident victim lawyer can help clarify your options and guide you through the legal process.
Factors that Can Affect a Settlement in Drunk Driving Accident Cases
Several factors unique to your accident can influence your potential settlement amount. Just as every accident case is unique, so are a victim’s injuries and the effect they have on their future. This is why it’s difficult to estimate an average settlement after being hit by a drunk driver.
A Florida car accident lawyer can accurately document your losses to ensure you seek nothing less than fair compensation.
Legal Representation
Having skilled legal representation can significantly affect the outcome of your case. An experienced Florida personal injury lawyer can advocate for your best interests by gathering ample evidence of your losses and the liability of the drunk driver.
The Extent of Your Injuries
The severity of your injuries is the most significant factor affecting your settlement. Serious injuries, such as traumatic brain injuries (TBIs), usually require extensive medical treatment, rehabilitation, or long-term care and will generally warrant greater compensation. Conversely, minor injuries may result in lower settlement amounts.
Medical Expenses
All medical costs associated with your injuries, including hospital bills, surgeries, medications, and ongoing treatment, will be considered. The total cost of your medical care directly impacts the compensation you may seek.
Lost Wages
If your injuries prevent you from working, the loss of income during your recovery will be factored into your settlement. This includes both past wages and reduced future earning potential if your injuries prevent you from earning the same income.
Pain and Suffering
Compensation for pain and suffering addresses the physical and emotional distress resulting from the accident. The more significant the impact on your quality of life, the higher the potential settlement may be.
Liability and Negligence
Establishing fault in your accident is crucial. If the drunk driver bears full liability, your chances of receiving a higher settlement increase. However, if you share any degree of fault, your compensation may be reduced under Florida’s comparative negligence laws.
Insurance Coverage
The insurance coverage of the at-fault driver can also affect your settlement. If the driver has limited coverage, it may cap the amount you can claim, regardless of your injuries. If you suffer permanent injuries, you can file a personal injury lawsuit against the driver.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
Evidence is Paramount When Seeking a Settlement for a Drunk Driving Accident
When a lawyer takes on your case, they will investigate your collision and gather evidence to demonstrate the drunk driver’s negligence. This includes linking your injuries to the accident and illustrating your current and ongoing damages.
A range of evidence can support your claim, such as:
- Police report: A lawyer will obtain an official account of the accident, including circumstances, statements from involved parties, and officer observations of intoxication.
- Witness statements: Independent accounts from witnesses can support your claims of negligence and detail the drunk driver’s behavior before the accident.
- Medical records: Documentation of your injuries, treatment, and associated costs is essential. This includes diagnoses, treatment plans, and any long-term effects.
- Photographs and videos: Visual evidence, such as accident scene photos and dashcam footage, can illustrate the circumstances surrounding the incident.
- Expert testimonies: Specialists, like accident reconstruction experts or medical professionals, can provide insights that bolster your case.
Gathering comprehensive evidence strengthens your claim and increases the likelihood of a favorable settlement. Consulting with an experienced attorney can help ensure you collect and present the necessary information effectively.
How the Statute of Limitations Can Affect Your Potential Settlement for a Drunk Driving Accident
In Florida, the statute of limitations for filing a personal injury lawsuit, including those arising from drunk driving accidents, is generally two years from the date of the accident, per the Florida Statutes § 95.11. This means that you have a limited timeframe to take legal action if you wish to seek compensation for your injuries and damages.
If you fail to meet this deadline, you risk losing all legal recourse to hold the drunk driver or their insurance company accountable. While your case may go to trial, there’s a chance an insurance company will make a settlement offer before that. If you miss your deadline to begin taking legal action, the court could dismiss your case, regardless of how compelling it is.
Call The Schiller Kessler Group to Learn About the Average Settlement for a Drunk Driving Accident
If you are wondering what the average settlement for a drunk driving accident is, you should discuss your specific case’s worth with a lawyer. Call The Schiller Kessler Group to learn about your legal options and how our Florida DUI accident victim attorneys can help you. Our attorneys have more than three decades of experience.
We offer free consultations, and we work on contingency, so we do not charge upfront fees. Contact us today for a free consultation.
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