Posted on Thursday, June 27th, 2024 at 10:19 am
Once the smoke clears after a collision with an impaired driver in Birmingham and you’ve sought medical treatment for your injuries, it’s natural to have questions about your future. “I got hit by a drunk driver, what am I entitled to?” you might wonder.
It’s a fair question, and depending on your losses, whether you had a role in the crash and other factors, you could be looking at a substantial settlement. Farris, Riley & Pitt, LLP has over 20 years of experience helping people like you recover fair compensation for their injuries, and we can answer any questions you have. Read on to learn more about the average drunk driver settlements in Alabama and what to watch out for in filing a claim.
What’s the Average Drunk Driving Accident Settlement in Alabama?
Don’t know what is the average settlement for rear-end collision by drunk driver? Every drunk driving crash is different, and the amount of compensation someone receives after a collision depends on the circumstances of their case. That makes it hard to say what the “average” settlement is.
What you need to remember is that you have one chance to claim compensation for your injuries and need to make the most of it. Hiring a drunk driving accident attorney makes the legal process easier for you and means your lawyer can help you maximize your claim’s value.
What Factors Affect the Amount of a Drunk Driving Accident Settlement?
I got hit by a drunk driver, what am I entitled to? The amount you can receive after a Birmingham drunk driving accident depends on several factors. Understanding these can help you know what to expect.
- Severity of Injuries: The worse your injuries are, the higher your potential settlement. More severe injuries often lead to more medical expenses and longer recovery times, meaning you’ll need more money to compensate for those costs.
- Medical Expenses: Your medical bills play a big role in a drunk driving accident. These include hospital stays, surgeries, medications, and rehabilitation. Keeping track of these costs is crucial to maximizing your claim.
- Lost Wages: If you missed work because of the accident, you could receive compensation for your lost wages. This includes past and future lost income if your injuries prevent you from working.
- Pain and Suffering: This covers your physical pain and emotional distress. These losses are harder to quantify but can significantly affect your settlement amount.
- Property Damage: If your car or other property sustained damage in the crash, you’ll want compensation for repair or replacement costs.
- Negligence: Under Alabama law, you might not get any compensation if you were even slightly at fault for the crash. This makes it important to prove the other driver was entirely to blame.
- Insurance Coverage: The at-fault driver’s insurance policy limits can affect your settlement. If their insurance isn’t enough to cover your costs, you might have to look at other options, like your insurance or suing the driver directly.
How Alabama’s Contributory Negligence Rule Affects a Drunk Driving Settlement
In Alabama, the state’s contributory negligence rule can greatly affect your drunk driving settlement. Under this rule, if you contributed to the car accident in any way, you might not get any compensation at all. This rule applies even if the driver driving under the influence bears the majority of the blame for the crash. If the other driver was drunk but you also made a mistake that contributed to the crash, therefore, your claim could be denied.
If you were speeding or ran a red light when the drunk driver hit you, for example, the insurance company might argue that you share some blame. Even if your mistake was minor, it could still prevent you from getting a settlement.
Because of this strict rule, it is critical to prove that the other driver bears all the blame for a drunk driving collision. Gathering evidence like police reports, witness statements, and traffic camera footage can support your case. A drunk driving accident attorney can also guide you on how to best handle your claim in Alabama.
Protecting Your Rights after an Alabama Drunk Driving Accident
Alabama’s contributory negligence doctrine makes it essential to take proper steps after a drunk driving accident. For instance, here’s what you need to do after seeking medical attention after being injured by a drunk driver:
- Gather Evidence: Collect any photos you took of the accident scene, your vehicle, and any visible injuries. This evidence will be important for your case.
- Get a Police Report: If you haven’t already, obtain a copy of the police report after you call the police. This document is vital for proving that the other driver was drunk and caused the collision.
- Notify Your Insurance Company: Report the accident to your insurance company promptly. Provide them with all the necessary details without admitting any fault.
- Keep Records: Maintain a file with all your documents related to the accident. This includes your medical bills, repair estimates, and any correspondence with insurance companies.
- Consult an Attorney: Consider talking to a personal injury attorney to guide you through the legal process. They can help you understand your rights and assist you with taking the right steps to protect your claim.
- Follow Medical Advice: Adhere to your doctor’s recommendations and attend all follow-up appointments. This shows that you are taking your recovery seriously and helps document the extent of your injuries.
- Document Everything: Write down your account of the accident while it’s still fresh in your mind. Include details about what happened, the weather conditions, and any conversations you had at the scene.
- Contact Witnesses: If possible, reach out to any witnesses who saw the accident. Their statements can support your case and help prove the other driver caused the collision.
- Monitor Your Health: Track any changes in your health after the accident. New symptoms can appear days or even weeks later, and documenting them is essential.
Deadline to File a Drunk Driving Accident Lawsuit
Still unsure of the average settlement hit by drunk driver? I got hit by a drunk driver, what am I entitled to? Most of the time, you have two years from the date of a drunk driving accident to file a lawsuit against the driver who hit you. However, talk to a drunk driving accident lawyer right away so they can help you recover the money you need more quickly. Talking to a lawyer from our law firm immediately can speedily gather the evidence they’ll need to prove your case.
The Birmingham drunk driving accident attorneys at Farris, Riley & Pitt, LLP are fully prepared to help you fight for maximum compensation. Our legal team, with their years of experience and skill, will help you understand your legal options. Call (205) 324-1212 now or complete our contact form for a free consultation.
