April 17, 2024
Drunk driving accidents are an unfortunate reality that can lead to significant physical, emotional, and financial damages. If you’ve been involved in an accident where the other driver was intoxicated, you may be wondering how much compensation you can expect to receive. This blog post will provide you with a comprehensive understanding of the various factors that can affect your settlement, as well as how the skilled attorneys at Martino Mccabe, a personal injury law firm in Jacksonville, can help you navigate this challenging process.
Determining Liability
One of the first steps in pursuing compensation for a drunk driving accident is determining who is at fault. In most cases, the intoxicated driver will be held liable for the damages caused by their negligence. However, other parties, such as the establishment that served the alcohol or an employer, may also be held accountable in certain situations. A knowledgeable personal injury attorney will help you identify all potentially liable parties to maximize your chances of receiving a fair settlement.
Assessing Damages
After determining liability, it’s essential to assess the full extent of the damages you’ve suffered. These damages can be divided into two categories: economic and non-economic.
Economic damages include quantifiable expenses, such as:
- Medical bills (both current and future)
- Lost wages and loss of future earning capacity
- Property damage (such as vehicle repairs or replacement)
- Out-of-pocket expenses related to the accident
Non-economic damages are more subjective and harder to quantify. These can include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship or consortium
By working with a skilled personal injury lawyer, you can ensure that all of your damages are thoroughly documented and properly valued.
Insurance Coverage
Another crucial factor that can impact your settlement amount is the insurance coverage available to both parties. In many cases, the at-fault driver’s insurance policy will be the primary source of compensation. However, if their policy limits are insufficient to cover your damages or if the driver is uninsured or underinsured, you may need to seek compensation from your own insurance policy. An experienced attorney will help you navigate the complexities of insurance claims and advocate for your best interests throughout the process.
Comparative Negligence
In some states, the concept of comparative negligence is used to determine how much compensation each party is entitled to. This means that if you are found to be partially responsible for the accident, your compensation may be reduced by the percentage of fault assigned to you. For example, if you are deemed to be 20% at fault, your potential settlement would be reduced by 20%. An attorney with expertise in personal injury cases will work tirelessly to minimize any potential reduction in your compensation due to comparative negligence.
Settlement Negotiations
Once all of the relevant factors have been considered, your attorney will engage in settlement negotiations with the insurance company or the at-fault party’s legal representation. During these negotiations, your lawyer will present a strong case for the full extent of your damages and fight to ensure that you receive a fair and just settlement. In many cases, a satisfactory settlement can be reached without the need for a trial. However, if negotiations are unsuccessful, your attorney will be prepared to take your case to court to seek the compensation you deserve.
How Martino Mccabe Can Help
Navigating the legal complexities and challenges associated with a drunk driving accident can be overwhelming. The experienced car accident attorneys at Martino Mccabe in Jacksonville are dedicated to providing compassionate, personalized legal representation to accident victims. They understand the devastating impact that a drunk driving accident can have on your life, and they are committed to fighting for the justice and compensation you deserve.
By Choosing Martino Mccabe as your legal representation, you can expect:
- A thorough investigation of your case to identify all liable parties and gather crucial evidence to support your claim.
- Comprehensive documentation of your economic and non-economic damages to ensure that you receive maximum compensation.
- Skillful negotiation with insurance companies and other responsible parties to reach a fair and reasonable settlement.
- Persistent advocacy on your behalf, whether in settlement negotiations or at trial, to protect your rights and interests.