If you’ve been hit by a drunk driver in Texas, you might be looking at a settlement between $30,000 and $100,000+, or maybe even more.
However, your final compensation depends on several factors, including the severity of your injuries, the role of insurance, and the legal steps you take. Understanding the process and hiring an experienced DUI accident lawyer can make all the difference in maximizing your drunk driving accident settlement.
Importance of Hiring a Personal Injury Lawyer
Dealing with the aftermath of a DUI injury claim compensation case can be overwhelming. A DUI accident lawyer not only helps you navigate the legal complexities but also ensures you get the maximum compensation possible. Insurance companies often attempt to settle claims quickly and for less than you deserve. Having an attorney on your side means:
- Proper evaluation of your case value
- Handling all negotiations with insurance companies
- Gathering crucial evidence to support your claim
- Filing a lawsuit if necessary to pursue full compensation
Types of Damages in a Lawsuit
If you file a lawsuit for your drunk driving accident settlement, the compensation you receive generally falls into three categories:
1. Economic Damages
These include financial losses such as:
- Medical expenses (hospital bills, physical therapy, medications)
- Lost wages due to time off work
- Property damage (car repairs, personal belongings)
2. Non-Economic Damages
These damages cover losses that are harder to calculate, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
3. Punitive Damages
If the drunk driver was extremely reckless or had prior offenses, the court may award punitive damages. These are meant to punish the driver and deter similar behavior in the future.
Factors Affecting Settlement Amounts
Several key factors determine how much compensation you can receive in a DUI injury claim compensation case:
- Severity of Injuries: More serious injuries (like traumatic brain injuries or spinal damage) typically lead to higher settlements.
- Degree of Fault: Texas follows comparative negligence laws, meaning if you are found partially at fault, your settlement could be reduced.
- Availability of Punitive Damages: If the drunk driver showed extreme negligence, additional punitive damages may apply.
- Legal Representation: Studies show that victims who hire a DUI accident lawyer often receive higher settlements than those who try to negotiate alone.
Role of Insurance in Compensation
Insurance plays a crucial role in determining how much you receive from a drunk driving accident settlement. Here’s how different policies come into play:
- The Drunk Driver’s Insurance: If they have liability coverage, it will cover your medical bills, property damage, and lost wages up to policy limits.
- Your Insurance Policy: If the at-fault driver is uninsured or underinsured, you may need to rely on uninsured/underinsured motorist (UM/UIM) coverage.
- Personal Injury Protection (PIP): Texas drivers can also use PIP to cover immediate medical expenses, regardless of fault.
Understanding your policy and not at fault car accident claim options is essential in securing maximum compensation.
Legal Process & Importance of Evidence Collection
To build a strong case, proper evidence collection is critical. Immediately after the accident, you should:
- Call 911 & Get a Police Report – A police report will document the driver’s intoxication, which strengthens your case.
- Gather Witness Statements – Testimonies from witnesses can help establish fault.
- Take Photos & Videos – Capture vehicle damage, injuries, and the accident scene.
- Seek Medical Attention – Even if you feel fine, some injuries manifest later. Medical records are key evidence in injury claims.
- Consult a Lawyer – A DUI accident lawyer will guide you through filing claims and handling legal proceedings.
Seek Legal Representation Today
If you or a loved one has been hit by a drunk driver, don’t settle for less than you deserve. Legal action can help you recover damages for medical bills, lost wages, and emotional suffering. The Toscano Law Firm is here to help you fight for the maximum drunk driving accident settlement possible.
The sooner you take action, the stronger your case will be. Don’t wait—get the compensation you deserve!
