Attorney Greg Baumgartner, the founder of Baumgartner Law Firm, handled his first Houston drunk driver injury case in 1985. Over the next 35 years, our personal injury law firm has won hundreds of cases involving drunk drivers. Our Houston drunk driving accident lawyer addresses the average settlement for drunk driving cases in Texas.
Drunk driving is a serious offense in Texas that can result in severe consequences for the driver and any victims involved. If you or a loved one has been injured in a drunk driving accident, you may wonder what kind of compensation you can expect from a settlement.
In this article, our experienced DWI accident attorney explores the concept of “average settlement” for a drunk driver case and provides examples of drunk driving settlements to understand better what to expect. There is no set average drunk driving settlement; compensation varies by factors like the amount of insurance coverage, the injuries and damages, and the drunk driving accident attorney you hire.
AVERAGE SETTLEMENT FOR A DRUNK DRIVING ACCIDENT
It is important to understand what a drunk driving settlement is and how it differs from a lawsuit verdict. A settlement is an agreement between the victim and the at-fault party, typically reached outside court. This means the victim agrees to drop any legal action in exchange for specific compensation from the at-fault party.
On the other hand, a lawsuit verdict is a legal action taken against the at-fault party in court. In a lawsuit, a judge or jury will determine the compensation the victim is entitled to.
However, most drunk driving cases are settled outside of court, as it can be a lengthy and expensive process and a risk to the insurance company and defendant.
It is important to understand what a drunk driving settlement is and how it differs from a lawsuit verdict. A settlement is an agreement between the victim and the at-fault party, typically reached outside court. This means the victim agrees to drop any legal action in exchange for specific compensation from the at-fault party.
On the other hand, a lawsuit verdict is a legal action taken against the at-fault party in court. In a lawsuit, a judge or jury will determine the compensation the victim is entitled to.
FACTORS THAT AFFECT DRUNK DRIVING SETTLEMENTS
The amount of compensation you can expect from a drunk driving settlement will depend on several factors, including:
- The severity of your injuries
- The extent of property damage
- The at-fault party’s insurance coverage
- The location in which the accident occurred
- The strength of your case and evidence
It’s important to note that every case is unique, and there is no set formula for determining the average settlement for a drunk-driving case. However, looking at past settlements can give you an idea of what to expect.
EXAMPLES OF DRUNK DRIVING SETTLEMENTS AT BAUMGARTNER LAW FIRM
Here are a few examples of recent drunk driving settlements to better understand what victims have received in the past.
$5 MILLION SETTLEMENT
Baumgartner Law Firm secured a settlement after a trial started before the jury finished the charge. The drunk driver had been out drinking all day entertaining clients and was over two times the legal limit when he was finally caught and arrested. Our client suffered a blow to the head and brain injury from which he recovered.
$2.3 MILLION SETTLEMENT
Baumgartner Law Firm won a settlement after filing a lawsuit against the drunk driver, a bar, and a vehicle manufacturer stemming from a fatal accident. The drunk driver was substantially over the legal alcohol limit in Texas and rear-ended the victim. The drunk driver was sentenced to a lengthy prison term and had tendered his auto liability policy limits. We sued the bar and the manufacturer of our client’s car. The case was settled with all defendants the day before the trial began.
$625 THOUSAND
Baumgartner Law Firm settled a case where our client was a passenger in a vehicle driven by a drunk driver. No blood alcohol test was done, and no one was arrested. Our client suffered a foot and other injuries. The case was settled before trial after several mediations.
FACTORS THAT CAN INCREASE A DRUNK DRIVING SETTLEMENT
While every case is unique, certain factors can increase the victim’s compensation in a drunk-driving settlement. These include:
PUNITIVE DAMAGES
Punitive damages are awarded in addition to compensatory damages and are meant to punish the at-fault party for their actions. In drunk driving cases, punitive damages are often awarded to deter the at-fault party and others from engaging in similar behavior in the future.
However, in Texas, punitive damages may not be covered by liability insurance, making collection of any verdict difficult, especially when many drunk drivers go to jail and spend what little money they have on criminal defense attorneys.
Talk with an experienced punitive damage lawyer in Houston if you have questions.
MULTIPLE DEFENDANTS
In some cases, there may be multiple defendants in a drunk driving case. For example, if the at-fault driver overserved at a bar or restaurant, the establishment may also be liable for the accident. This can increase the amount of compensation a victim receives in a settlement.
LONG-TERM OR PERMANENT INJURIES
Victims who suffer long-term or permanent injuries due to a drunk driving accident may be entitled to a larger settlement. This is because these injuries can significantly impact the victim’s quality of life and may require ongoing medical treatment and care.
HOW TO MAXIMIZE YOUR DRUNK DRIVING ACCIDENT SETTLEMENT
If you’ve been injured in a drunk driving accident, there are steps you can take to maximize your settlement. These include:
SEEK MEDICAL TREATMENT
The first and most important step is to seek medical treatment for your injuries. Not only is this crucial for your health and well-being, but it also provides documentation of your injuries, which can be used to support your case.
GATHER EVIDENCE
Evidence is crucial in any personal injury case, including drunk driving accidents. This can include police reports, witness statements, and photos or videos of the accident scene. The more evidence you have, the stronger your case will be.
HIRE AN EXPERIENCED DWI/ DUI ACCIDENT ATTORNEY
Getting the best-drunk driving settlement can be complex, and having an experienced attorney can make all the difference. Baumgartner Law Firm can help you present a strong case by getting evidence, negotiating with insurance companies, and ensuring you receive the compensation you deserve.
Read More: What Should I Do If a Drunk Driver Hits Me?
I Got Hit by a Drunk Driver. What am I Entitled to?
What Are My Legal Options?
If you have been hit by a drunk driver, you have the right to seek compensation for your injuries and damages. There are two main legal options available to you: filing a personal injury lawsuit or seeking compensation through the driver’s insurance company.
Personal Injury Lawsuit
A personal injury lawsuit is a legal action taken against the at-fault driver to seek compensation for your injuries and damages. In this case, you will need to prove that the other driver was negligent and that their negligence caused your injuries.
To prove negligence, you will need to show that the other driver had a duty of care to drive safely and that they breached that duty by driving under the influence of alcohol. You will also need to demonstrate that their actions directly caused your injuries and that you have suffered damages as a result.
Insurance Claim
Another option is to seek compensation through the at-fault driver’s insurance company. In this case, you will need to file a claim with the insurance company and provide evidence of your injuries and damages. The insurance company will then investigate the accident and determine the amount of compensation you are entitled to.
Read More: Real-life Examples of Drunk Driving Accident Settlements
What Compensation Am I Entitled To After a DWI Injury Accident?
The compensation you are entitled to will depend on the specific details of your case. However, there are some common types of compensation that victims of drunk driving accidents may receive.
Medical Expenses
If you have been injured in a drunk driving accident, you may be entitled to compensation for your medical expenses. This can include the cost of hospital stays, surgeries, medication, physical therapy, and any other medical treatment related to your injuries.
Lost Wages
If your injuries have caused you to miss work, you may be entitled to compensation for lost wages. Additionally, lost earning capacity can include past and future lost wages and any loss of earning capacity due to your injuries.
Pain and Suffering
Also, with pain and suffering from physical injuries, victims of drunk driving accidents may also experience emotional trauma or mental anguish. Compensation for pain and suffering can help cover the emotional toll of the accident and any ongoing therapy or treatment needed.
Disability
Disability from an accident with a drunk driver is an element of personal injury damages, which are recoverable in Texas. Physical impairment is a separate element of damages to be considered by Harris County juries with an appropriate factual basis.
Disability or physical impairment is often linked to loss of enjoyment of life as another way of looking at the damages after a serious injury accident.
Disfigurement
Scars and other injuries that alter your appearance are damages a drunk driver (or others) may be liable for after a DWI accident.
Property Damage
If your vehicle or other personal property was damaged in the accident, you may be entitled to compensation for the cost of repairs or replacement.
Punitive Damages
In some cases, victims of drunk driving accidents may also be entitled to punitive damages. Additional damages are awarded to punish the at-fault driver for their reckless behavior and deter them and others from repeating the same actions.
DRUNK DRIVING SETTLEMENTS VARY
While there is no set average settlement for a drunk driving case, victims have received significant compensation. Factors such as the severity of injuries, insurance coverage, and state laws can all impact the victim’s compensation.
If you or a loved one has been injured in a drunk driving accident, it’s important to seek medical treatment, gather evidence, and hire an experienced attorney to help you maximize your settlement.
Call Baumgartner Law Firm for Help after a Drunk Driving Accident
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111
Related Drunk Driving Resources
Houston Dram Shop Liability Lawyers
Suing Bars and Clubs for Over-serving
Can I Get Punitive Damages if I am Hurt by a Drunk Driver?
What is the legal alcohol limit in Texas?
The True Cost of a DUI in Texas
How Much is My Personal Injury Case Worth?
How a Criminal DWI is Different From a Drunk Driving Injury Case in Texas?
Why You Need a DWI Accident Lawyer After an Alcohol-Related Crash
Does Insurance Cover Damages from a Drunk Driver in Texas?
How to Report a Drunk Driver in Houston
About Our Law Firm
Baumgartner Law Firm is a Houston personal injury law firm headed by Greg Baumgartner.
Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident in Houston, TX, contact us for a free, no-obligation consultation. (281) 587-1111.
Since 1985, Baumgartner Law Firm has limited our law practice to serious personal injury cases. Our legal team has won maximum compensation for thousands of accident victims and recovered millions of dollars for real people like you. The practice areas we focus on are the following:
· Auto & Car Accidents
· Catastrophic and Severe Injuries
· Construction Site Accidents
· Daycare Negligence & Child Injury
· Dram Shop Lawsuits
· Drunk Driving Accidents
· Lyft Accidents
· Motorcycle Accidents
· Personal Injury
· Truck Accidents
· Uber Accidents
· Work Injury
· Wrongful Death
Helping these areas around Houston
Houston, Sugar Land, Conroe, The Woodlands, Cypress, Spring, Humble, Katy, Atascocita, Kingwood and Tomball.