What Is the Average Settlement for a Drunk Driving Accident?

Average settlements for drunk driving accidents range anywhere between $80,000 to $125,000. The truth is that every accident is going to be different. Some are more severe than others, and there are many various factors to consider when calculating damages.

For over twenty years, our Atlanta DUI accident lawyers have helped hundreds of drunk driving accident victims get the best value for their settlements. Trust the advice of successful attorneys who work hard to ensure that all DUI accident damages are accounted for and that the insurance company pays victims fairly.

Factors Affecting Settlement Amounts

When pursuing a personal injury claim, an Atlanta car accident lawyer can help you understand the factors that influence settlement amounts. Various elements can significantly impact the compensation you may receive, including the severity of injuries, medical expenses, lost wages, and emotional impact.

Severity of Injuries

The type and severity of injuries sustained in an accident play a pivotal role in determining settlement amounts. For instance, traumatic brain injuries (TBIs) often result in higher compensation due to their long-term effects on cognitive function and quality of life. 

Similarly, fractures may lead to significant medical expenses and rehabilitation costs, influencing the overall settlement. The more severe the injury, the greater the potential for higher compensation, as it reflects the impact on the victim’s life and future.

Medical Expenses

Medical expenses are a critical factor in calculating settlement amounts. Substantial costs can accumulate from ongoing medical treatment, rehabilitation, and long-term care. Victims should keep detailed records of all medical bills, including hospital stays, surgeries, physical therapy, and any necessary medications. 

Insurance companies and courts will consider these expenses when determining the settlement amount, as they reflect the financial burden placed on the victim due to the accident.

Lost Wages

Lost wages due to missed work can significantly affect the overall settlement. Victims should document the time they were unable to work and the corresponding income lost during that period. This includes not only immediate lost wages but also potential future earnings if the injuries result in long-term disability or reduced earning capacity.

Accurately quantifying lost wages is essential for ensuring that the settlement reflects the full extent of the victim’s financial impact.

Emotional Impact

Emotional distress and psychological trauma can also be factored into non-economic damages. Victims may experience anxiety, depression, or post-traumatic stress disorder (PTSD) following an accident, which can affect their quality of life. 

Documenting these emotional impacts through therapy records or personal statements can help establish the need for compensation for non-economic damages, contributing to a more comprehensive settlement.

How Insurance Requirements Impact Drunk Driving Settlement Payouts

Insurance requirements play a significant role in determining the settlement payouts for drunk driving accidents. Each state has established minimum coverage amounts that drivers must maintain to operate a vehicle legally. According to the Office of Commissioner of Insurance and Safety Fire (OCI), these minimum coverage requirements for Georgia typically include:

• Bodily Injury Coverage: A minimum of $25,000 per person and $50,000 per incident.
• Property Damage Coverage: A minimum of $25,000.

These requirements are designed to ensure that drivers have a basic level of financial protection in the event of an accident. However, the implications of these insurance requirements become particularly relevant in cases involving drunk driving.

Impact of Insurance Coverage on Settlement Amounts

When a drunk driving accident occurs, the available insurance coverage can significantly influence the settlement payout. If the at-fault driver has the minimum required coverage, the maximum amount you can recover for bodily injury and property damage may be limited to those amounts. 

For instance, if the drunk driver only has $25,000 in bodily injury coverage, that may cap the compensation you can receive for medical expenses and other damages, regardless of the actual costs incurred.

Uninsured and Underinsured Motorist Coverage

Driving without insurance or the proper amount of coverage is illegal. However, if you find yourself in an accident caused by an uninsured motorist, you still have options for pursuing compensation. 

You can seek damages directly from the uninsured driver or utilize your own uninsured motorist coverage, if available. This type of coverage can help bridge the gap when the at-fault party lacks sufficient insurance.

What Settlement Amounts Do Drunk Driving Accident Victims Usually Win?

Because the state’s minimum amount of insurance is around $25,000, you can be certain that you will receive roughly that amount from your settlement almost all the time. Depending on the damages you sustain and how much coverage the at-fault driver has, you could end up with a lot more.

Typically, after a moderately severe drunk driving accident, you can get awarded up to $80,000 for your damages, which include medical bills, vehicle repairs, pain and suffering, etc. The more severe your case is, the more money you can receive. In some cases, compensation can even be recovered up to around $125,000.

Every accident is different, and each person will experience different injuries and damages that will fluctuate the value of the settlement they will pursue. There are no one-size-fits-all estimates, but generally, you can expect a decent amount of money to head your way after a drunk driver causes your crash.

Punitive Damages Can Affect the Value of Your Settlement

Punitive damages, also referred to as exemplary damages, are a form of punishment for the drunk driver. According to the Official Code of Georgia Annotated (O.C.G.A.) §51-12-5.1, punitive damages are only counted if the person who caused your personal injury:

• Acted out of malice
• Acted with the intent to harm
• Was extremely negligent in their behavior
• Acted fraudulently

The value of your settlement can increase due to punitive damages. In the case of drunk driving accidents, you can seek an award for these damages due to the egregious and hazardous nature of driving under the influence. Many courts are unsympathetic to drunk drivers, so the drunk driver’s likelihood of paying punitive damages is very high.

Georgia Has At-Fault Laws that Can Impact Your Settlement Amount

The average value of settlements also fluctuates due to the at-fault laws in Georgia. In simple terms, the at-fault rules state that you cannot be more than 50% responsible for your accident if you want to file a claim.

If you are less than 50% at fault, whatever percentage you are responsible for gets deducted from your final settlement amount. This will reduce the value of your settlement and directly impact how much you can receive.

Insurance Companies Can Fight Against DUI Accident Settlements

When you file a claim, the insurance companies will not stand by idly while you seek a settlement. Their interests are in protecting themselves, not offering you compensation. The high settlement amounts you come across are primarily due to the strong legal representation that helped them get fairly compensated for their damages.

You deserve a settlement that truly reflects your damages. Do not let the defense blame you for your accident and make you lose out on the money that is rightfully yours. Our Atlanta personal injury lawyers can help you get justice for what happened and a fair settlement that will pay for all of your damages.

Critical Steps to Maximize a DUI Settlement

If you find yourself a victim of a drunk driving accident, taking the right steps immediately following the incident is crucial for your health and potential legal claims. 

• Document the Accident Scene: Begin by documenting the accident scene thoroughly. Take clear photos of the vehicles involved, any visible injuries, and the surrounding area. Additionally, gather witness statements and contact information. This documentation can serve as vital evidence in your personal injury claim.
• Seek Medical Attention Immediately: Your health should be your top priority. Even if you feel fine, it’s essential to seek medical attention as some injuries may not be immediately apparent. A medical evaluation will not only ensure your well-being but also create a record of your injuries, which is important for any future claims.
• Contact the Authorities To Report the Accident: A police report is crucial for documenting the incident and establishing liability. Ensure you obtain a copy of the report, as it will contain important details that can support your claim.
• Contact a Lawyer Immediately: Engaging a personal injury lawyer promptly can significantly impact the outcome of your case. Our experienced attorney can guide you through the legal process, help you understand your rights, and advocate for the compensation you deserve.

By following these steps, you can protect your health and legal rights after a drunk driving accident, setting the stage for a successful personal injury claim.

Get a Fair DUI Accident Settlement with Assistance from Our Attorneys

John Foy & Associates has been helping personal injury victims for over two decades. We dedicate ourselves to your best interests and fight hard to win you the settlement you need to recover and heal. For a free consultation, contact us today. We do not charge upfront fees. If we cannot get you compensation, you pay nothing.