What Is the Average Settlement For A Drunk Driving Accident?

Factors Affecting Settlement Amounts

Settlement amounts in drunk driving accidents can vary widely based on several factors. Typical settlement ranges, based on historical data, often fall between $80,000 to $125,000. However, amounts can be higher or lower depending on the specifics of the case. Key factors influencing these amounts include:

• Severity of Injuries: More severe injuries generally lead to higher settlements. For example, cases involving permanent disabilities or extensive medical treatment can result in large settlements..
• Property Damage: The extent of damage to vehicles and other property impacts the settlement. Significant damage can increase the overall compensation.
• Loss of Income: Settlements often include compensation for lost wages, both past and future. If the victim is unable to return to work or has a reduced earning capacity, this will be reflected in the settlement amount.

Punitive Damages Can Affect The Value Of Your Settlement

Punitive damages are awarded in cases where the drunk driver’s behavior was particularly reckless or egregious. These damages are intended to punish the offender and deter similar conduct in the future.

While not always awarded, punitive damages can significantly increase the value of a settlement. In some cases, they can double or triple the compensatory damages awarded to the victim. Factors that might lead to punitive damages include:

• High Blood Alcohol Concentration (BAC): If the driver’s BAC was significantly high, it might warrant punitive damages.
• Repeat Offenses: A driver with previous DUI convictions is more likely to face punitive damages.
• Gross Negligence: Extreme recklessness, such as driving at excessive speeds while intoxicated, can justify punitive damages.

Types Of Compensation Available

Victims of drunk driving accidents may be entitled to various types of compensation, including:

• Medical Bills: Covers all medical expenses related to the accident, such as emergency room visits, surgeries, medications, and rehabilitation.
• Pain and Suffering: Compensation for physical pain and emotional distress caused by a drunk driving accident. This can include mental anguish, loss of enjoyment of life, and other non-economic damages.
• Property Damage: Covers the repair or replacement of damaged property, including vehicles and personal belongings.
• Lost Wages: Reimbursement for income lost due to the inability to work following the accident. This includes both past wages and future earning capacity if the victim cannot return to their previous employment.
• Loss of Consortium: Compensation for the impact of the accident on the victim’s relationship with their spouse or family, including loss of companionship and support.

Understanding these factors and types of compensation can help victims and their families better navigate the settlement process and ensure they receive fair and adequate compensation for their losses.

How The Law In Rhode Island Can Impact Your Settlement Amount

Rhode Island operates under an “at-fault” or “tort” system for auto accidents, including those involving drunk drivers. This means that the driver who is found to be at fault for the accident is responsible for compensating the victims for their damages. Understanding how these at-fault laws work is crucial for determining settlement amounts and navigating the legal process.

Fault Determination and Proportionate Liability

In Rhode Island, determining who is at fault involves assessing the actions of all parties involved in the accident. This process can significantly impact the settlement amount in several ways:

• Determining Fault:

   

  • Police Reports and Evidence: Law enforcement officers will investigate the accident and create a report, which plays a key role in establishing fault. Other evidence, such as witness statements, traffic camera footage, and expert testimonies, also contribute to the determination of fault.
  • Comparative Negligence: Rhode Island follows a “pure comparative negligence” rule. This means that even if you are partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault and your total damages amount to $100,000, your settlement would be reduced by 20%, resulting in an $80,000 settlement.
• Impact on Settlement Amounts:

   

  • Proportionate Liability: The at-fault driver’s insurance company is responsible for covering the damages up to the policy limits. If multiple parties are at fault, each party’s insurance will pay a proportionate share of the damages based on their percentage of fault.
  • Negotiation and Litigation: Understanding fault and liability is essential for negotiating settlements. Insurance companies will use fault percentages to calculate settlement offers. If a fair settlement cannot be reached, the case may proceed to court, where a judge or jury will determine fault and award damages accordingly.

Practical Implications for Victims

For victims of drunk driving accidents in Rhode Island, the at-fault laws have several practical implications:

• Insurance Claims: When filing a claim, it is important to present strong evidence to support the other driver’s fault. This can help maximize your settlement by minimizing your own percentage of fault.
• Legal Representation: Hiring an experienced personal injury attorney can help navigate the complexities of fault determination and proportionate liability. An attorney can advocate on your behalf, gather necessary evidence, and negotiate with insurance companies to ensure you receive fair compensation.
• Settlement Calculations: Be aware that your settlement amount may be adjusted based on your percentage of fault. It is crucial to understand how these calculations work and to prepare for potential reductions in compensation.

Challenges in Obtaining Fair Settlements

When seeking compensation for a drunk driving accident, one of the significant challenges victims face is resistance from insurance companies. These companies often employ various strategies to minimize settlements and protect their bottom line. Understanding these tactics is essential for victims to protect their interests and secure fair compensation.

Strategies Used by Insurance Companies

• Denying Liability: Insurance companies may dispute liability for the accident, claiming that their policyholder was not at fault or that the victim contributed to the accident. They may attempt to shift blame onto the victim or argue that the victim’s actions were the primary cause of the accident.

   

• Downplaying Injuries: Insurance adjusters may downplay the severity of the victim’s injuries in an attempt to reduce the value of the claim. They may argue that the injuries are pre-existing or unrelated to the accident, minimizing the compensation owed to the victim.

   

• Delaying Settlements: Insurance companies may intentionally delay the settlement process, hoping that victims will become impatient or financially desperate and accept a lower offer. They may drag out negotiations or request additional documentation, prolonging the time it takes to reach a resolution.

   

• Offering Low Settlements: Initially, insurance companies may offer victims a low settlement amount that does not fully compensate them for their losses. They may take advantage of victims’ lack of legal knowledge or financial strain to pressure them into accepting less than they deserve.

Protecting Your Interests

To counter these tactics and protect their interests, victims of drunk driving accidents can take several proactive steps:

• Seek Legal Representation: Hiring an experienced personal injury attorney can level the playing field against insurance companies. An attorney can advocate on behalf of the victim, negotiate with insurance adjusters, and pursue legal action if necessary.

   

• Document Everything: Keep detailed records of the accident, including photographs, medical records, and correspondence with insurance companies. This documentation can strengthen the victim’s case and refute any false claims made by the insurance company.

   

• Don’t Settle Too Quickly: Resist the urge to accept the first settlement offer from the insurance company. Consult with an attorney to determine the full extent of your damages and ensure that any settlement adequately compensates you for your losses.

   

• Be Patient but Persistent: While the settlement process can be frustrating, remain patient and persistent in pursuing fair compensation. Don’t be afraid to push back against unfair tactics or stand up for your rights.

By understanding the strategies used by insurance companies and taking proactive steps to protect their interests, victims of drunk driving accidents can improve their chances o

Get a Fair Settlement with Marasco & Nesselbush Personal Injury Lawyers

Securing fair compensation after a drunk driving accident can be challenging, especially when facing resistance from insurance companies. With experienced legal support, however, you can level the playing field and fight for the compensation you deserve.

At Marasco & Nesselbush Law Offices, we have experience  handling drunk driving accident cases and are committed to helping victims obtain the maximum compensation available under the law.

Why Choose Marasco & Nesselbush?

• Expertise: Our team of skilled car accident lawyers has extensive experience in personal injury law, including drunk driving accidents. We understand the complexities of these cases and have a proven track record of success in securing favorable outcomes for our clients.

   

• Advocacy: We are passionate advocates for victims’ rights and will tirelessly pursue justice on your behalf. From negotiating with insurance companies to representing you in court, we will do whatever it takes to ensure you receive fair compensation for your injuries and losses in a car accident.

   

• Compassion: We understand the physical, emotional, and financial toll that a drunk driving accident can take on you and your family. With compassion and empathy, we will provide personalized attention and support throughout the legal process.

Contact Us Today

If you’ve been injured in a drunk driving accident, don’t face the challenges alone. Let Marasco & Nesselbush Personal Injury Lawyers fight for your rights and help you secure the fair settlement you deserve. Contact us today to schedule a free consultation.

You can contact us by phone at (401) 373-9154, or you can fill out our online contact form on our website, and a member of our team will contact you promptly to discuss your case.

Don’t wait to seek the legal representation you need. Reach out to Marasco & Nesselbush today and take the first step towards securing your future.