If you or someone close to you has been seriously injured by a drunk driver, you may be thinking about taking legal steps. You might also be curious about how much you could get in a settlement.
You may be entitled to compensation for your physical, emotional, and financial damages. The amount of the potential settlement or award will depend on the extent of your injuries and other specifics relative to your case.
When dealing with motor vehicle accidents and insurance companies, it never hurts to consult with an experienced Colorado DUI accident attorney. In addition to figuring out a potential settlement for your case, they can review your case and guide you on how to recover the compensation you're entitled to for your losses.
In recent years, the average settlement hit by drunk driver cases has increased, reflecting the growing societal awareness and legal consequences of DUI accidents.
What is the Average Settlement for Drunk Driving Accidents in Colorado?
The average settlement for drunk driving accidents in Colorado can range from $50,000 to $100,000, depending on the severity and complexity of the injuries involved. For less serious injuries, the settlements are often reported between $20,000 and $50,000.
Defining an average for any type of lawsuit is not always indicative of what your specific settlement could be worth. Some cases may be resolved for just a few thousand dollars, while others can end up with settlements in the millions. The amount of compensation for victims of drunk driving accidents in Colorado can vary widely, depending on the specifics of each case and the extent of the injuries involved.
Drunk driving accidents often result in severe injuries and, in some cases, fatalities. These tragic incidents can cause serious injury, significantly affecting the lives of victims and their families. Consequently, the damages from these accidents are usually quite substantial.
Does Getting Hit by a Drunk Driver Strengthen My Compensation Claim?
If you’ve been hit by a drunk driver, you should receive compensation for all your losses and damages. While there's no set amount for settlements in drunk driving cases, you are entitled to fair compensation for your injuries, pain, and suffering.
Injuries caused by a drunk driver can simplify the process of obtaining compensation, particularly if your lawyer uses criminal evidence to support your case. If you’re wondering, “I got hit by a drunk driver, what can I get?” injuries from a DUI accident might qualify you for additional damages.
Due to the serious nature of injuries from drunk driving accidents, many claims tend to have a high potential for substantial settlements or verdicts. Since DUI accidents are always preventable and generally involve negligence or recklessness by the driver at fault, victims may also be entitled to punitive damages. Under Colorado law, punitive damages aim to penalize the responsible party for their actions.
While Colorado law restricts the recovery of exemplary, or punitive, damages without a solid foundation, many victims of DUI accidents suffer injuries that meet the legal requirements.
To obtain exemplary damages, your case must be heard in court. If you win, the jury will decide whether to grant these punitive damages and determine the amount. A car accident attorney can provide more details about the damages you might be entitled to and assist you in figuring out the best approach to secure the compensation you deserve.
What Factors Are Considered When Calculating the Potential Amount of a Hit By Drunk Driver Settlement?
When determining the value of a DUI accident claim, lawyers meticulously assess all the damages suffered by the victims. Following a drunk driving incident, victims typically have the right to seek compensation for a variety of losses, generally divided between economic and non-economic losses.
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Medical expenses incurred for treatment.
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Lost wages due to inability to work.
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Emotional distress experienced as a result of the accident.
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Pain and suffering endured due to injuries.
In cases involving severe or permanent injuries, additional compensation may be pursued for damages such as reduced earning potential and diminished quality of life. There may also be provisions for future medical care costs, estimated future lost income, and related benefits.
While a personal injury settlement calculator can offer some guidance, it's important to note that consulting with a legal professional will always be more accurate, as online tools cannot replace personalized legal advice.
Moreover, in the context of a Colorado DUI injury claim, there may be the possibility of seeking exemplary damages if the case proceeds to court. If you've been injured in a drunk driving incident, it's advisable to speak with a local DUI accident lawyer near you who specializes in handling cases involving drunk drivers.
What Evidence Is Most Important in Winning a Drunk Driving Injury Case?
In a case involving injuries from a drunk driving accident, evidence plays a pivotal role in supporting the legal argument victims put forth. Attorneys rely on a range of evidence to substantiate their client's case, here are some of the most important.
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Detailed police and accident reports,
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Statements and testimonies from witnesses,
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Blood alcohol concentration (BAC) test results,
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Expert opinions from qualified witnesses,
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Surveillance footage capturing the incident,
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Photographs of the accident scene,
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Recordings of 911 calls made during the emergency,
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Medical records from hospitals detailing injuries.
When you talk with a drunk driving injury attorney, their primary task is to meticulously investigate the circumstances of your accident. They will gather and analyze the evidence to construct a compelling case that aligns with the specifics and nuances of your claim.
What If I Was Walking and Got Hit By a Drunk Driver, Can I Sue?
Yes, if you've been injured by a drunk driver while walking, cycling, or in any vehicle, you generally have the right to pursue legal action against the driver. This also includes incidents where you were:
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In another vehicle
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A passenger in any vehicle involved
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Walking as a pedestrian
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Riding a bicycle
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Riding a motorcycle
In these situations, the drunk driver's actions can lead to injuries that warrant a personal injury claim. Consulting with a knowledgeable personal injury attorney can provide clarity on your options for pursuing compensation in a DUI-related accident.
Criminal DUI Vs. Civil DUI Cases: What’s the Difference?
In Colorado, drunk driving cases can lead to both criminal and civil consequences. When charged criminally, a DUI offender may face jail time, hefty fines, and other penalties upon conviction. This legal route focuses on holding the offender accountable under the law, but typically doesn't directly aid accident victims.
If you're charged with a DUI, a prosecutor takes on the responsibility of presenting the case against you in court. Their job is to prove beyond a reasonable doubt that you are guilty of the criminal charges. This burden of proof is the highest standard in law.
To convict someone of a DUI, prosecutors must demonstrate every aspect of the offense convincingly. If found guilty, the consequences can include imprisonment, hefty fines, and other penalties. However, due to the rigorous burden of proof required, if prosecutors fail to substantiate any part of the offense beyond a reasonable doubt, the defendant will be acquitted.
However, regardless of the criminal outcome, DUI victims retain the right to pursue civil action against the offender. This avenue allows victims to seek compensation through a lawsuit. This is different from criminal cases where the driver might go to jail. In civil lawsuits, the goal is to make the drunk driver pay for the damage they caused.
To win a civil case, the person suing (we call them the plaintiff) doesn't need to prove things "beyond a reasonable doubt" like in criminal court. Instead, they just need to show that their story is probably true. This means it's easier to win a lawsuit than to send someone to jail for drunk driving.
Even if a driver isn't found guilty in criminal court, they might still lose a civil lawsuit. If they do, they'll have to pay damages to the person they hurt. This reward is meant to cover things like medical bills and pain and suffering.
The amount of money paid can be decided by a jury if the case goes to trial. Or, the two sides might agree on an amount themselves to avoid a trial. Either way, if you're the drunk driver in this situation, you could end up owing a lot of money to the person you hurt.
Fortunately, many DUI cases are resolved before reaching trial. Victims often pursue compensation through the offender's auto insurance policy. Insurance companies, especially when dealing with DUI-related incidents, are often inclined to settle with victims, particularly if the offender has admitted guilt or been convicted in court. This approach can provide victims with the financial relief they need without prolonged legal proceedings.
