Drunk driving accident cases have unique aspects that require the touch of an experienced attorney to ensure you are getting your maximum compensation. In addition to proving that the accident was the drunk driver’s fault, an attorney must collect evidence of intoxication, including police reports, arrest records, field sobriety tests, and BAC testing data to prove that the driver was over the legal limit at the time of the accident. Similarly, if a drunk driver was convicted for his or her driving, the certified criminal conviction can be used in a personal injury lawsuit to impart civil liability.
Insurers know the potential exposure that a drunk driving accident could have, and so these companies have an incentive to contact injured victims before they retain attorneys to low ball them into early settlements. Don’t fall for this trap.
In addition to the traditional damages in an auto accident case (medical expenses, lost income, property damage, pain and suffering), accident victims in a drunk driving situation may be entitled to punitive damages. Punitive damages are damages meant to punish the drunk driver for breaking the law and causing an accident, serve to deter future conduct, and set an example for others. Punitive damages are not guaranteed, and so it is important to hire an experienced attorney to make sure you are getting the maximum compensation you deserve.