I Got Hit By a Drunk Driver, What Am I Entitled To?

Drunk driving accidents in Virginia killed or injured over 4,000 people in one recent year, according to state records. The physical, emotional, and financial toll of these accidents is immense for crash victims and their families. These crashes also raise a natural question for injured Virginia drivers and passengers: “I got hit by a drunk driver, what am I entitled to?”

The answer is “a lot,” as long as you work with an experienced Virginia drunk driving accident attorney. Given the substantial cost of drunk driving crashes, injured drivers and passengers can pursue significant compensation. Read more about compensation in Virginia drunk driving accident cases below.

What Losses Does a Drunk Driving Accident Claim Cover?

If a drunk driver injured you, you qualify for compensation for many losses you’ve experienced. Your compensation in a drunk driving accident claim could include money for:

• Medical Expenses – Drunk driving accidents often cause severe injuries, making these expenses significant. You can recover the costs of your medical treatments, from emergency care to long-term rehabilitation. This includes hospital stays, surgeries, physical therapy, medications, and any future treatments you may need.
• Lost Wages – Severe injuries from a drunk driving crash can keep you from working for weeks or even months. You can seek compensation for lost wages due to time missed at work, as well as lost future income if your injuries impact your ability to work.
• Pain and Suffering – Drunk driving accidents can leave lasting physical pain and emotional distress. You can claim compensation for pain and suffering, which reflects the impact of these injuries on your quality of life.
• Property Damage – If the accident damaged your vehicle or other property, you can seek compensation for their repair or replacement costs. These costs may include rental car expenses while your vehicle is being repaired.
• Loss of Enjoyment of Life – Injuries from a drunk driving crash can prevent you from doing activities you once loved, like sports, hobbies, or family outings. Compensation for loss of enjoyment acknowledges this loss of quality time and personal satisfaction.
• Loss of Consortium – When your injuries affect relationships with loved ones, you may qualify for compensation for loss of consortium. This covers the crash’s negative impact on your ability to connect with family and friends as you once did.

Average Settlement for Someone Hit by a Drunk Driver

Unfortunately, the wide disparity in injuries and other factors makes it difficult to determine the “average” drunk driving accident settlement in Virginia. Everyone’s injuries, lost income, and other losses differ in these situations, making each case unique.

That said, the key to maximizing your compensation is working with a capable attorney. Without a lawyer’s help, you might miss crucial deadlines, fail to account for all your losses, or make a mistake that hurts your case. Let an attorney handle your legal case while you focus on healing and spending time with friends and family.

How Insurance Coverage Impacts Drunk Driving Accident Settlements

In Virginia, recent changes to the state’s auto insurance laws may impact your drunk driving accident claim. As of July 2024, all Virginia drivers must carry liability insurance. Previously, drivers could legally operate a vehicle by paying a $500 uninsured motorist fee, but the new requirements aim to lower the number of uninsured drivers. This change should make it easier to recover compensation after an accident, as more drivers will carry insurance.

Currently, Virginia’s minimum liability coverage requirements are $30,000 for one person’s injuries, $60,000 for multiple people’s injuries in a single crash, and $20,000 for property damage. These minimums will increase on Jan. 1, 2025, to $50,000, $100,000, and $25,000, respectively, providing greater financial protection for accident victims.

However, if the drunk driver’s policy limits fall short of covering your expenses, additional options may be available. One option is to file a claim under your own uninsured or underinsured motorist (UM/UIM) coverage. This coverage helps bridge the gap when the at-fault driver’s insurance isn’t enough. Another option is to file a personal injury lawsuit against the drunk driver, which can help recover additional compensation beyond insurance limits if the driver has other assets. We can review your case, examine the available insurance policies, and pursue all options for compensation.

How To Protect Your Rights After a Virginia Drunk Driving Accident

Taking the right steps after a drunk driving accident can help you protect your legal rights and strengthen your claim. Here are several key actions to take in the coming weeks and months:

• Follow Your Doctor’s Recommendations – Follow any prescribed treatments or therapies. Failing to follow medical advice can weaken your case, as insurers may argue that you worsened your injuries by neglecting care.
• Keep All Medical Records and Bills – Continue receiving medical care as needed, and document every visit, treatment, and expense. Accurate records show the full impact of your injuries and can help calculate your total compensation needs. Keeping these records can also link your injuries directly to the accident, which is essential for your case.
• Avoid Discussing the Accident Publicly – Refrain from discussing the accident on social media or with anyone other than trusted family, friends, and your attorney. Insurance companies will look for anything that undermines your claim, and casual statements can be misinterpreted and hurt your case.
• Report All Injury-Related Expenses – Beyond your medical bills, track all costs related to the accident, including your lost income, transportation costs for medical visits, and any necessary home modifications. These expenses contribute to the total amount you may claim for compensation.
• Consult a Drunk Driving Accident Lawyer – An experienced lawyer can help you understand your rights, communicate with insurers, and pursue maximum compensation on your behalf. They’ll manage the complex paperwork and handle settlement negotiations, which helps ensure your case stays on track while you recover.

Injured in a Virginia Drunk Driving Accident? Let Us Fight for Maximum Compensation on Your Behalf

Our Virginia drunk driving accident lawyers understand the stakes for you and will give your case the attention it requires. We have decades of experience with these cases and know how to help you recover maximum compensation. Call CHASENBOSCOLO now at (301) 220-0050 for a free consultation, or you can reach out online.