The Average Settlement for a DWI Accident Case Explained

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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. He addresses the average settlement dor drunk driving cases in Texas.

What is the average drunk driving settlement in Texas? — Courtesy of Texas DOT

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.

ABOUT DRUNK DRIVING SETTLEMENTS

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.

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 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.

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.