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How A Settlement Works When You Are Hit by a Drunk Driver

Posted in Personal Injury Insurance Claim on February 18, 2017

Three in ten Americans will be involved in an accident with a drunk driver at some point in their life; tragically, one-third of all fatal accidents in the country are caused by drunk driving. The silver lining that is if you have been the victim in a drunk driving accident, you are in a strong position to win a settlement against the drunk driver.

How an Accident Settlement Works

In drunk driving cases, a jury will almost always find the intoxicated driver at fault. Generally, a simple blood alcohol concentration (BAC) measurement will be enough evidence to prove your case. In every state, the maximum BAC is 0.08%. Some states have stricter rules for commercial drivers and minors. Once the police have determined the other driver was intoxicated, their insurance company will usually settle without fuss, because they know the drunk driver has virtually no chance of winning in court. In many cases where the settlement you are seeking is small, you will not even need to file a lawsuit. However, you should expect to need to file a lawsuit if you are seeking more than $50,000 in damages. In every case, a car accident attorney can help negotiate the maximum compensation for your case.

Negotiating the Maximum Settlement

Do your best to find an experienced attorney you can trust; they will know how much you can expect from the case. Your lawyer will know how to contact the defendant’s attorney and insurer and will act on your behalf to negotiate a settlement. This may be a lengthy process, sometimes lasting several months, as the negotiations go back and forth. During this time, you can expect your lawyer to keep you abreast of new developments in the suit. When you receive an offer for settlement, your attorney will discuss the proposal with you and give you advice on whether to continue seeking additional compensation. Once you have agreed upon a fair amount, the case will be settled by your attorney and you can recuperate your losses.

If you are the victim of a drunk driving car accident, you owe it to yourself to seek the maximum settlement. An experienced attorney can go to bat for you and get you the compensation you deserve. For a no-risk consultation in your case, contact the offices of McGilberry and Shirer, LLP today at (972)392-1225.