How much can I get for getting hit by a drunk driver? The value of your settlement after a drunk driver strikes you depends on multiple factors, including the severity of your injuries, the prognosis for your health, and how comprehensive your claim is. There is no accurate average value because numerous elements go into that determination.
However, victims of drunk driving accidents can seek compensation for all of their economic and non-economic losses, and in some cases may also seek compensation for punitive damages.Consider the factors that determine the value of your claim and damage recovery. Speak with a Las Vegas drunk driving accident lawyer from H&P Law today.
Severity of the Accident and Resulting Injuries
Drunk driving accidents can happen in numerous ways, resulting in minor or serious injuries. Serious injuries often carry long-term implications, require more expensive medical care, and may mean paying for catastrophic injuries. The more severe your injuries are, the higher your compensation claim may be. Consider the following examples of severe accidents:
- Minor injuries and losses: Minor injuries have lower compensation potential. This includes soft tissue injuries, cuts, and whiplash. You are likely to fully heal from the incident.
- Mid–range injuries and losses: Victims with broken bones, deeper lacerations, and minor concussions have a mid-range level of severity. You may miss work for some time and need a shorter hospital stay to recover, but you expect to make a full recovery.
- Severe injuries: Those with severe injuries face a longer recovery period, often meaning you’ll spend more time out of work. Examples of severe injuries include disc herniation, traumatic head injuries, and compound fractures.
- Catastrophic injuries: Those with injuries that don’t fully heal and leave a lasting impact on your life are at the highest risk. If you have spinal cord paralysis, amputated limbs, loss of vision or hearing, or other permanent losses, you can see the highest level of compensation.
The severity of your injuries is the biggest factor in determining the value of your claim. Drunk driving accidents often result in serious injuries and losses because drivers fail to attempt to brake, leading to significant force and trauma. A Las Vegas car accident lawyer from H&P Law can assist in obtaining compensation from the liable party or their insurer.
Types of Economic Damages You Have in a Drunk Driving Accident
Another factor to consider is how thorough and accurate you are in recording your economic damages. These are damages documented through receipts, pay stubs, and other verifiable records that provide a clear monetary figure for the loss. Your attorney will help you capture all of these losses, which often include:
- Medical bills from the accident and immediate aftermath, such as hospitalization, medications, and other treatment
- Future medical costs for treatment and care you will continue to need
- In-home help and modifications to your home
- Loss of earnings from missing time at work, including loss of benefits, bonuses, and promotions
- Loss of future earnings if you can no longer work or do the same type of job due to your injuries
- Recovery of damages to your vehicle to repair or replace it, along with any other property damage
- Out-of-pocket expenses you have due to your injuries and the recovery process
The insurance company will never remind you of other losses you have, even when they clearly owe you compensation for those injuries. As your drunk driving accident lawyer will tell you, it is critical to maintain accurate documentation of these losses.
Types of Non-Economic Damages Owed to You
Non-economic damages are an important part of your recovery value in a drunk driving accident, but they are harder to value. These damages are for losses without a specific dollar amount attributed to them, but instead are related to the physical and emotional impact the incident has on your life. Some examples of non-economic damages you must seek and accurately value include:
- Pain and suffering to compensate for the physical experience you had at the time of the accident as well as the recovery process
- Emotional trauma and mental anguish often resulting in post-traumatic stress disorder, anxiety, and depression
- Reduction in quality of life, including limitations on your ability to engage in hobbies and activities you once enjoyed
- Loss of consortium, or compensation for the impact on your relationships
The value of these losses is dependent on how well you can document the impact the accident has on your mental and physical health as well as on your future. Your drunk driving accident lawyer from H&P Law will speak to medical professionals, accident experts, your employer, family, and friends to get a clear idea of the level of disruption and limitation caused.
Moreover, your attorney will encourage you to keep a journal about the way the incident makes you feel and the impact on your overall mental health.
Punitive Damages in Drunk Driving Accidents
Under Nevada Revised Statutes § 42.010, punitive damages are available against an intoxicated driver who chose to drive impaired. Unlike standard personal injury cases governed by NRS 42.005, victims of drunk driving accidents do not need to prove specific malice, oppression, or fraud, and the typical statutory financial caps on punitive damages do not apply.
In these situations, your attorney will discuss the opportunities for seeking these damages. They are not considered compensation to you, but rather a type of punishment levied against those who commit this type of crime. In every situation, your legal team will review the case to determine whether punitive damages may apply.
You cannot count on receiving damages from punitive actions. However, they can be a valuable component to your future when applicable. You suffered through no fault of your own, and the reckless behavior of a drunk driver may have changed the course of your life. Call H&P Law today.
The Quality of Your Attorney Matters as Well
In addition to all of these factors, how much you get from a drunk driving accident is dependent on the comprehensiveness of your claim.
As a result, you will want to seek maximum compensation with the help of an attorney. H&P Law can help ensure the insurance company doesn’t unfairly minimize your claim and will fight for all of the compensation you deserve.
