If you’ve been injured by a drunk driver, one of the first questions you’re probably asking is:
“How much is my case worth?”
That’s completely understandable.
You may already have medical bills. You may be missing work. Your car may be totaled. And if you’ve suffered a serious injury, you may be worried about what happens if you can’t go back to your normal life or job.
The frustrating answer is that there isn’t one standard settlement amount for a Virginia drunk driving accident.
The value of your claim depends on your injuries, financial losses, available insurance, the evidence surrounding the crash, and several other factors.
Does the drunk driver’s DUI make my case worth more?
Not automatically.
The driver’s intoxication can be very important to the case a Springfield car accident lawyer is making on your behalf. In certain circumstances, Virginia law also permits punitive damages in cases involving intoxicated drivers. But the value of your underlying injury claim still depends heavily on what happened to you.
A person with a few weeks of treatment and a person who suffers a permanent spinal injury may both have been hit by drunk drivers. Their claims will obviously be very different. That’s why an attorney shouldn’t give you a meaningful case valuation based solely on the fact that the other driver was drunk.
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What factors affect the value of a DUI accident claim?
The severity of your injuries
This is one of the biggest factors.
A serious injury that requires surgery, rehabilitation, or long-term treatment can create substantially greater losses than a temporary injury. Your diagnosis, treatment, prognosis, and whether you are expected to fully recover all matter.
Your medical expenses
Medical bills are one part of the calculation.
Depending on your injuries, you may have expenses related to:
- Emergency care
- Hospitalization
- Surgery
- Physical therapy
- Prescription medications
- Specialist appointments
- Diagnostic testing
- Rehabilitation
- Future medical treatment
If you are likely to need significant treatment in the future, that needs to be considered too.
Your lost income
If your injuries prevent you from working, you may have a claim for lost wages.
For more serious injuries, the question can become much bigger:
Will this injury affect what you can earn in the future?
A permanent injury can affect your ability to perform your current job, reduce your hours, force you into a different occupation, or prevent you from working altogether. Those potential losses can have a major effect on a claim’s value.
How the injury affects your life
A personal injury isn’t just about medical bills.
Someone may be able to document every dollar of a hospital bill, but there isn’t an invoice for the pain of losing the ability to pick up your child, play sports, sleep comfortably, or enjoy the activities you did before the crash.
Virginia personal injury claims can include compensation for pain and suffering and other non-economic losses, depending on the circumstances.
The available insurance coverage
This is a big one.
A claim may be worth more than the at-fault driver’s insurance policy limits. That doesn’t necessarily mean you’ll be able to collect the full value of the claim.
An investigation may need to determine whether there is additional coverage, including your own uninsured or underinsured motorist coverage. Virginia’s State Corporation Commission explains that UIM coverage can protect an injured person when the at-fault driver’s liability limits aren’t enough to cover the person’s damages.
What about punitive damages?
This is another reason DUI cases deserve careful evaluation.
Virginia Code § 8.01-44.5 provides for punitive damages in certain personal injury or death cases involving intoxicated drivers. The statute specifically addresses circumstances involving a BAC of 0.15 or more and additional requirements concerning impairment and causation.
Punitive damages are different from compensation for medical expenses, lost wages, and pain and suffering. They aren’t automatic. But when the facts support investigating them, they shouldn’t be overlooked.
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Is there an “average” settlement for a drunk driving accident?
Not one that would be useful for your individual case.
Online settlement calculators and lists of “average DUI accident settlements” can be misleading because they don’t know your diagnosis, future treatment, lost income, insurance coverage, or how the accident has affected your life.
Two people can experience very similar crashes and end up with completely different claims. The details matter.
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When should I talk to a lawyer?
If you suffered significant injuries, it’s worth considering a conversation with a DUI accident lawyer in Stafford before accepting an insurance settlement.
An attorney can investigate:
- How the crash happened
- Evidence of intoxication
- Your medical treatment
- Your lost income
- Future damages
- Available insurance coverage
- Potential punitive damages
- Other issues that could affect the value of your claim
That doesn’t mean every DUI accident requires a lawsuit. Sometimes the best outcome is a negotiated settlement. The important thing is understanding what you’re giving up before you agree to one.
Frequently Asked Questions
How much is a drunk driving accident worth in Virginia?
There is no standard amount. The value depends on the severity of your injuries, medical expenses, lost income, future losses, pain and suffering, insurance coverage, and other facts.
Does the driver’s DUI increase my settlement?
A DUI can be important evidence and may create the possibility of punitive damages in certain cases, but it doesn’t automatically increase the value of every injury claim.
What if my medical treatment isn’t finished yet?
You should be cautious about settling before you understand the extent of your injuries and future treatment needs.
What if the other driver’s insurance isn’t enough?
Your own uninsured or underinsured motorist coverage may provide additional protection depending on your policy and the circumstances.
How long do I have to file a Virginia personal injury claim?
Virginia generally provides a two-year limitations period for personal injury actions, although exceptions can apply. Don’t wait until the deadline is approaching to investigate your claim.
Call (703) 591-9829 or complete a Free Case Evaluation form