Partner
Drunk drivers can be financially liable for the injuries and damages caused by crashes that are their fault. DUI accident cases may involve catastrophic injuries and wrongful deaths. For that reason, the average settlement for a drunk driving accident can vary greatly.
The average settlement if hit by a drunk driver in New York is $80,000 to over $1 million. However, the amount depends on numerous factors. In this blog, our New York personal injury attorneys explain the factors that impact settlements in DUI accident cases.
What Factors Affect the Average Settlement if a Drunk Driver Hits You in New York?
Each DUI accident case is unique. Our attorneys thoroughly analyze all factors that impact how much your case is worth. Examples of factors that could impact the settlement for a drunk driving accident claim include:
The Severity of Your Injuries
The type and severity of your injuries can directly impact the value of a claim. Generally, damages increase as the severity of an injury increases. For example, it can cost more to treat a spinal cord injury than a case of whiplash. In addition to medical bills, the victim may incur other economic damages, including lost wages.
Some injuries may result in lifelong disabilities. If so, the value of the claim may increase because of future damages. Future damages could include long-term care, diminished quality of life, and reduced earning capacity.
Your injuries also impact your non-economic damages for pain and suffering. Additionally, DUI accident lawsuits may also result in punitive damages, which increases the value of your claim.
Your Fault for Causing the Accident
New York’s contributory negligence law applies to fault-based car accident claims. If you were partially to blame for causing the accident, your compensation for damages could be reduced by your level of fault.
For example, suppose a jury awards you $1 million for damages caused by a drunk driving accident. However, the jurors decided you were 40% to blame for causing the car accident. In that case, the judge reduces your award by 40% or $400,000.
Before speaking with an insurance company about the car accident, talking with a lawyer about your claim can be wise. Insurance adjusters may twist what you say to imply you are partially to blame for the crash.
Available Insurance Coverage
New York requires drivers to have minimum amounts of liability insurance. An insurance company may be liable for your damages if its insured caused the DUI accident. However, minimum liability insurance is $25,000 per person. Therefore, the company may only be liable for $25,000 if the drunk driver has minimum liability insurance.
There could be other insurance policies that might apply in your case. If a trucker caused the accident, the trucking company could be liable. You may be able to file an underinsured motorist claim against your insurance coverage.
Our attorneys pursue all available insurance coverage. We also discuss the pros and cons of filing a lawsuit against the at-fault driver seeking a personal judgment for a DUI accident.
The Strength of the Evidence
Accident victims have the burden of proving the legal elements of a personal injury claim. Even though a driver is drunk, you must prove the driver caused the accident. The stronger the evidence you have proving the other driver caused the crash, the more your case may be worth.
Learn More During a Free Consultation With a New York Personal Injury Attorney
DUI accidents in New York can be devastating for innocent victims. If a drunk driver caused your accident, you deserve fair compensation for your injuries. Call Nagel Rice LLP to schedule a free case evaluation with one of our New York personal injury attorneys.