Summer is a season for celebration, and July often brings barbecues, fireworks, and gatherings with family and friends. But sadly, this time of year also sees a spike in drunk driving accidents, leaving victims with life-altering injuries and hefty financial and emotional burdens. If you’ve been injured in such a crash, you might be wondering what your next steps should be to secure justice and compensation.
What Are Damages in a Drunk Driving Case?
When you hear the term "damages" in a legal context, it refers to the financial compensation you can recover for the harm caused to you. Drunk driving accidents are unique in that the at-fault party is not just negligent but often grossly reckless. This can open the door to various types of damages depending on the severity of the crash and its impact on your life.
1. Economic Damages
Economic damages cover measurable financial losses related to the accident. These are often straightforward to calculate and might include:
- Medical Bills
From ambulance rides to surgeries, medication, and physical therapy, medical expenses can pile up quickly after an accident. The cost of long-term care may also be included for more serious injuries.
- Lost Wages
If your injuries prevent you from working, you can seek compensation for both past and future lost earnings. This is particularly crucial if you’ve been permanently disabled and cannot return to your previous role.
- Property Damage
If your vehicle or other belongings were damaged in the crash, economic damages could help you repair or replace them.
- Rehabilitation Costs
This includes specialized care such as occupational therapy, counseling, or prosthetics if needed.
2. Non-Economic Damages
Non-economic damages are less tangible but equally significant. These damages address the emotional and personal toll the accident has taken on your life, such as:
- Pain and Suffering
This encompasses the physical pain and emotional distress you’ve endured as a result of your injuries. Living with chronic pain or anxiety can drastically affect your quality of life.
- Loss of Enjoyment of Life
If the accident has robbed you of enjoying hobbies or everyday activities, you may be compensated for this loss.
- Loss of Consortium
For spouses or partners, this damage accounts for the loss of companionship, intimacy, and shared life experiences due to the accident.
3. Punitive Damages
Unlike economic and non-economic damages, punitive damages are not designed to compensate you for your losses. Instead, they’re meant to punish the drunk driver for their reckless behavior. Courts impose punitive damages in cases where the offender’s actions were particularly egregious, such as driving with a very high blood alcohol content (BAC) or having prior DUI offenses.
Why Drunk Driving Cases Are Different
Drunk driving accidents often lead to more severe injuries, in part because they tend to occur at high speeds or because the driver was too impaired to attempt to avoid a collision. Additionally, many states treat drunk driving cases with stricter scrutiny due to the reckless intent behind the act. This can play a role in ensuring victims receive the full compensation they deserve.
However, it’s also important to note that insurance companies might try to downplay the extent of your damages or offer you a lowball settlement. This is why understanding your rights and working with an experienced personal injury attorney can make all the difference.
Steps to Take After a Drunk Driving Crash
If you’ve been injured in a drunk driving accident, acting quickly and thoughtfully is key to protecting your legal rights. Here’s a step-by-step guide:
1. Seek Immediate Medical Attention
Even if you feel fine, injuries like whiplash, concussions, or internal trauma may not be immediately obvious. A medical report will safeguard your health and serve as essential evidence for your case.
2. Document Everything
Collect as much information as possible at the scene of the accident. Take photos of the vehicles, road conditions, and your injuries. If there are witnesses, ask for their contact information. Police reports are also crucial, as they often include evidence of the driver’s intoxication.
3. Avoid Speaking to Insurance Adjusters Without Counsel
Insurance companies may contact you quickly, but be cautious. They might appear sympathetic but could use anything you say as a basis to reduce your settlement. Direct their communication to your attorney.
4. Work With an Experienced Personal Injury Attorney
A skilled attorney knows how to investigate your case, prove the drunk driver's liability, and calculate the full extent of your damages. They’ll fight on your behalf to ensure you’re not shortchanged by insurance companies or overwhelmed by legal complexities.
How an Attorney Can Help Maximize Your Compensation
A personal injury attorney won’t just help you file paperwork. They provide critical support in these ways:
1. Proving Fault
Attorneys collect evidence, interview witnesses, and collaborate with accident reconstruction experts to clearly show how the drunk driver was at fault.
2. Negotiating with Insurance Companies
Your lawyer will negotiate aggressively to secure a fair settlement, sparing you the stress of dealing with insurance adjusters.
3. Getting You to the Right Experts
Beyond legal help, attorneys often have networks of medical professionals, therapists, and financial advisors to help you recover and rebuild.
4. Representation in Court
If your case goes to trial, your attorney will present a compelling argument to ensure the jury understands the full impact of your injuries.
Houston Drunk Driving Accident Attorneys
If you've been affected by a drunk driving crash in Houston, TX, understanding the intricacies of compensation is paramount. Navigating the complexities of damage claims, aided by the expertise of Fertitta & Givens, can make a significant difference in the outcome of your case. As legal experts in Houston, we are committed to securing justice and ensuring you receive the comprehensive support needed to rebuild. Contact us today at (346) 258-5803 for a consultation, allowing our seasoned team to guide you through this challenging period with tailored legal solutions.