Will My Drunk Driving Accident Claim Settle Out of Court?

When an intoxicated driver gets behind the wheel, they put themselves and others in danger. The tragedy of drunk driving accidents is that they are 100% preventable. If you were injured because of someone else’s poor decision, you may be eligible to pursue a drunk driving accident claim. 

If you are recovering from serious injuries, the thought of a court trial is daunting. You shouldn’t let that prevent you from speaking with a lawyer. While some personal injury claims do go to trial, the majority of cases are successfully settled out of court. To learn how Pacific West Injury Law can help you, contact us today.

Who Decides if Your Personal Injury Case Will Go to Trial?

As the injured party, the decision to go to court is yours to make. As your personal injury attorney, we provide legal representation and make you aware of your options. But ultimately, you are the one in control of your drunk driving accident claim.

Simply put, your case won’t end up in court unless you want it to. A trial could be an option if the insurance company won’t agree to a fair settlement. Or, if they are trying to say you are somehow responsible for your injuries.

On TV shows, personal injury trials are often portrayed as “slam dunk” cases. However, real life is different. Perhaps the biggest disadvantage of taking a case to court is the uncertainty. 

Could You Lose Your Drunk Driving Accident Claim in Court?

Yes. If you choose to go to trial, a judge or a jury will decide the final outcome. It’s possible that you could be awarded nothing. That’s why it’s so important to carefully weigh the pros and cons before you pursue a trial. 

Oftentimes the insurance company will agree to an adequate payout, but this can take some time. Our attorneys are skilled negotiators who are in it for the long haul. We’ll go to court if it’s in your best interest to do so, but often it’s not necessary.  

How an Attorney Can Help You with Your Claim

Don’t assume that the insurance company will be sympathetic to your case because you were injured by a drunk driver. Insurance companies are, first and foremost, for-profit businesses. You need an attorney to represent you and your best interests.

There are several ways that our drunk driving accident lawyers can help you. 

Your Attorney Will Fight to Maximize Your Compensation

Don’t be fooled if the insurance company reaches out to you right away with an offer. They may seem helpful, but they have their bottom line in mind. All too often, the insurance company’s initial offer is only a fraction of what you should receive. 

When we calculate a fair settlement for our clients, we don’t just pull a figure out of thin air. It takes time and industry expertise to determine what your future expenses will be. You shouldn’t be shortchanged by an unfair offer.

Your Legal Team Will Take Over Negotiations

When you hire us, we negotiate on your behalf. That means we handle all of the phone calls, letters, and emails. That frees you up to focus on your recovery and getting better. 

We’ll stay in touch with you as needed. And, you can call our office at any time. Our phones are answered 24/7.

Will You Still Get a Fair Settlement if You Settle Out of Court?

Yes. From the moment you hire Pacific West Injury Law, we fight for your maximum compensation. In many cases, going to court just isn’t necessary. 

Through skilled negotiation and persistence, we are often able to obtain the settlements that our clients deserve.  

How Much Is the Average Drunk Driving Accident Settlement?

Many of our clients ask us about the average settlement for a car accident. They want to know because they think this figure is a good indication of what they’ll receive. However, it is not.

You should take any statements about average personal injury settlements with a grain of salt. Each situation is so different that an average amount is not helpful. There are many unique factors in each case, such as lost wages and how the injury impacts a person’s life. 

As a practical matter, it is difficult to calculate an accurate national or even state average. Because many personal injury cases settle out of court, these figures are not a matter of public record. Cases that do go to court may not be a fair representation of most personal injury cases.

A Fair Settlement Will Cover Your Damages

If you were injured in a drunk driving accident, you incurred both economic and non-economic damages.

• Economic damages are those that have a price tag, such as a doctor’s visit or prescription medication. 
• Noneconomic damages are the intangible effects of an accident, such as the emotional distress you experience.  

An adequate settlement will compensate you for both of these types of damages.

Economic Damages

It is not difficult for medical bills to pile up after a drunk driving accident. You may already have bills for the ambulance ride and ER visit. Then, there are multiple doctor visits, surgeries, diagnostic tests, and therapy appointments. 

Serious injuries may require surgeries and lifelong medical care. If you are in a wheelchair or require another mobility aid after your accident, your home may need renovations. 

If you can’t work due to your injuries, you should be compensated for your lost wages. You and your family shouldn’t have to suffer through this already difficult time.

Non-Economic Damages

Many people experience pain and suffering after a drunk driving accident. Some injuries cause permanent disability or disfigurement. Depression and anxiety can impact a person’s life.

No amount of money can undo the emotional distress of an accident. But a personal injury lawsuit holds the drunk driver accountable for their actions.

Don’t Let the Clock Run Out on Your Drunk Driving Accident Claim

Personal injury lawsuits must be filed within a certain timeframe. Don’t lose your chance to pursue compensation. Contact us today.