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Writer's pictureTaylor Burnham

What Is the Average Settlement in a Drunk Driving Accident?

A person drinking while driving

Drunk driving accidents are a tragic and all-too-common occurrence that can lead to life-altering consequences for victims and their families. Despite ongoing efforts to combat impaired driving, the statistics remain alarming. In Louisiana, alcohol-impaired driving continues to be a major contributor to motor vehicle accidents. 


In Louisiana, the impact of drunk driving is particularly severe. In 2022, alcohol was a factor in 29% of fatal crashes in the state, leading to 267 deaths. These statistics highlight the devastating consequences of such fatal accident, as victims frequently suffer from severe injuries that require extensive medical treatment and long-term care. 


For victims of drunk driving accidents, understanding their legal options and potential settlement outcomes is crucial. The legal process can be complex, especially when determining fair compensation for the damages suffered.


This article delves into the factors influencing the average settlement in drunk driving accident cases, the importance of legal representation, and how punitive damages can impact the final compensation amount. 


Drunk Driving Accident Settlements


When determining the settlement amount in a drunk driving accident case, several key factors come into play:


The Severity of Injuries Sustained in the Accident


More severe injuries typically result in higher compensation to cover extensive medical care, long-term treatment, and rehabilitation. Serious injuries such as traumatic brain injury, spinal cord damage, or multiple fractures can lead to substantial settlements due to the prolonged recovery period and potential for lifelong impacts.


Medical Expenses and Recovery Bills


Medical expenses include not only the immediate costs of emergency care and hospitalization but also ongoing medical treatment, surgeries, physical therapy, and future medical needs.


The total cost of medical care can be staggering, and settlements aim to ensure that victims are not left shouldering these expenses.


Lost Income Due to Injury


If the injuries cause long-term or permanent disability, the victim may also suffer a loss of earning capacity. Settlements consider these financial impacts, compensating victims for both past and future lost income, ensuring that their financial stability is maintained despite their inability to work.


Non-Economic Damages: Pain and Suffering


A person with a bandage on her head

These damages are more challenging to quantify but are no less important. Victims of drunk driving cases often experience significant emotional trauma, anxiety, and depression, all of which can be factored into the final settlement amount.


Insurance Coverage Limits


If the at-fault driver has minimal insurance, the settlement may be limited by the policy’s maximum coverage. However, in some personal injury case, the victim’s own insurance, such as underinsured motorist coverage, may provide maximum compensation.

It’s important to have an attorney review all available insurance policies as well as the police reports to maximize the settlement.


Punitive Damages


In Louisiana, punitive damages, also known as exemplary damages, may be awarded in drunk driving cases to punish the at-fault party and deter similar behavior in the future.

These damages are awarded in addition to compensatory damages and are only applicable when it can be proven that the driver’s intoxication was a direct cause of the injuries. 


Average Settlement Hit by Drunk Driver


There is no industry standard or average settlement amount for cases involving drunk drivers, as each case is unique and dependent on its specific circumstances.


Factors such as the severity of injuries, the extent of medical expenses, the impact on the victim’s life, and the availability of punitive damages all contribute to the variability in settlement amounts.


No Standard or Average Settlement Hit by Drunk Driver


Because each drunk driving accident case is distinct, there is no standard settlement amount that applies across the board.


Settlements can range from relatively modest amounts in cases involving minor injuries and minimal financial impact to substantial sums in cases involving severe injuries, significant economic losses, and the potential for punitive damages.


Unique Case Circumstances


The specific details of each case—such as the extent of the victim’s injuries, the at-fault driver’s insurance coverage, the degree of liability, and the state laws governing personal injury and punitive damages—can all affect the final settlement amount.


In Louisiana, the possibility of obtaining punitive damages through a legal action under Civil Code article 2315.4 can further complicate the process, making the assistance of an experienced personal injury attorney invaluable in navigating these complexities.


Average Settlements in Drunk Driving Accident Cases


There is no industry standard or average settlement amount for cases involving drunk drivers, as each case is unique and dependent on its specific circumstances. Factors such as the severity of injuries, the extent of medical expenses, the impact on the victim’s life, and the availability of punitive damages all contribute to the variability in settlement amounts.


No Standard Settlement Amount


Because each drunk driving accident case is distinct, there is no standard settlement amount that applies across the board. Settlements can range from relatively modest amounts in cases involving minor injuries and minimal financial impact to substantial sums in cases involving severe injuries, significant economic losses, and the potential for punitive damages.


Unique Case Circumstances of Drunk Driving Accidents


The specific details of each case—such as the extent of the victim’s injuries, the at-fault driver’s insurance coverage, the degree of liability, and the state laws governing personal injury and punitive damages—can all affect the final settlement amount.


In Louisiana, the possibility of obtaining punitive damages under Civil Code article 2315.4 can further complicate the process, making the assistance of an experienced personal injury attorney invaluable in navigating these complexities.


While it is impossible to pinpoint an exact average settlement amount for drunk driving accident cases, understanding the various factors that influence these settlements can help victims set realistic expectations and ensure they receive fair compensation for their losses.


Calculating Drunk Driving Accident Settlements


A person holding a calculator and pen

When calculating settlements for drunk driving accident cases, several critical components are considered to ensure that victims receive fair compensation for their losses. The total settlement amount reflects not just the tangible costs incurred but also the broader impact on the victim’s life.


Medical Costs and Recovery Bills


Medical expenses are often the most substantial component of any settlement. These costs cover the immediate and long-term medical needs resulting from the accident. Settlement calculations typically include:


  • Hospital Stays and Emergency Care: The costs of emergency room visits, hospital stays, and any immediate treatments required following the accident.

  • Surgeries and Medical Procedures: Expenses related to any surgeries or medical procedures necessary to treat injuries sustained in the accident.

  • Medications and Medical Supplies: Ongoing costs for prescription medications, medical devices, or other supplies required for recovery.

  • Rehabilitation and Physical Therapy: Long-term care, including physical therapy, rehabilitation, and any specialized treatments needed to restore the victim’s health and mobility.

  • Future Medical Needs: Projections for future medical expenses, especially in cases where the victim requires ongoing care or has sustained permanent injuries.


Lost Income Due to Injury


Another significant factor in calculating settlements is the impact of the injuries on the victim’s ability to work. Settlements consider both past and future lost income:


  • Lost Wages: Compensation for the income lost during the recovery period, including any sick leave or vacation days used.

  • Diminished Earning Capacity: If the injuries result in a reduced ability to work or the need to change professions, this diminished earning capacity is factored into the settlement. This calculation considers the victim’s age, occupation, and expected career trajectory before the accident.

  • Future Income Losses: In cases where the victim is unable to return to work or can only work in a limited capacity, future income losses are included in the settlement calculation to ensure financial stability moving forward.


Non-Economic Damages: Pain and Suffering


Non-economic damages, such as pain and suffering, are more subjective but are an essential part of settlement calculations:


  • Physical Pain and Discomfort: Settlements account for the physical pain endured by the victim, including both acute pain experienced immediately after the accident and chronic pain that may persist.

  • Emotional and Psychological Impact: Beyond physical pain, the emotional toll of the accident is also considered. This includes compensation for psychological suffering, such as anxiety, depression, PTSD, and other forms of emotional trauma that the victim experiences as a result of the accident.

  • Loss of Enjoyment of Life: If the injuries have led to a diminished quality of life or an inability to enjoy activities that the victim once participated in, these losses are factored into the settlement amount as well.


Proving Liability in a Drunk Driving Accident Claim


Proving liability in a drunk driving accident is crucial for securing compensation. Here’s how it works:


  • Establishing Fault and Liability: The fact that the driver was drunk is a strong indicator of fault. Comparative negligence laws may impact the settlement if both parties share responsibility.

  • Gathering Evidence at the Scene: Photos, videos, and witness statements from the accident scene are essential. This evidence helps establish fault and supports your claim.

  • Dealing with Insurance Companies: Insurance companies often try to minimize claim compensation with low settlement offers. A personal injury attorney can help negotiate for fair compensation and ensure your rights are protected.


Proving liability in a drunk driving accident claim requires a thorough approach that includes gathering evidence, understanding legal principles, and skillfully negotiating with insurance companies. For more detailed steps on what to do after a car accident, check out our article on What to Do After a Car Accident.


By taking the right steps and securing legal representation, victims can increase their chances of obtaining the compensation they deserve for their injuries and losses.


Maximizing Your Drunk Driving Accident Settlement


New Orleans Personal Injury Attorney Taylor Burnham discussing average settlement in a drunk driving accident to clients

The Role of an Experienced Personal Injury Attorney


A skilled attorney is vital in securing a fair settlement. They gather crucial evidence, handle negotiations with insurance companies, and build a strong case on your behalf.


Documenting Your Case: Medical Records and Testimony


Proper documentation of medical records and testimony is essential. This evidence showcases the severity of your injuries and their impact on your life, which can significantly influence your settlement.


Negotiating with Insurance Companies


Negotiating with insurance companies can be challenging. An experienced attorney understands the legal process and insurance tactics, ensuring you receive the compensation you deserve.


Punitive Damages and Their Impact


Punitive damages are awarded in addition to compensatory damages to punish the at-fault party and deter future misconduct. In Louisiana, these damages may be granted in drunk driving accident cases under Louisiana Civil Code article 2315.4. This law allows victims to seek punitive (or exemplary) damages when it can be proven that the driver's intoxication was a direct cause of the injuries sustained. 


The purpose of these damages is to emphasize the severity of driving under the influence and to penalize such reckless behavior. As a result, punitive damages can significantly increase the overall value of a settlement and serve as a deterrent against future drunk driving incidents.


Catastrophic Injuries and Wrongful Death Injuries Against Drunk Drivers


Catastrophic injuries and wrongful deaths caused by drunk drivers result in severe consequences. Drunk driving can lead to loss of control, drowsiness, or reckless behavior, often causing major accidents. In these cases, insurance companies typically offer the maximum policy limits. If these limits are insufficient to cover the damages, additional compensation may be pursued from the drunk driver’s personal assets.


For example, a recent case in New Orleans resulted in a $51 million jury award, including $25 million in punitive damages and $12 million for wrongful death. The family will need to collect the remaining amount from the driver personally, demonstrating the extensive impact of such incidents.


Take the First Step Towards Justice


Attorney Taylor Burnham meeting up with a client

No amount of money can truly compensate for the trauma and loss you've experienced, but a fair settlement can provide crucial support for your recovery and future. Every case is unique, and the path to justice isn't always straightforward. But we're here to stand by your side every step of the way.


Our team at Burnham Law Firm is committed to fighting tirelessly for the rights of drunk driving accident victims. We bring not just our expertise to your legal action, but also our compassion and dedication to each case we handle. We believe in holding drunk drivers accountable and securing the compensation you deserve to rebuild your life.


Let's have a conversation about your situation and explore how we can help. Remember, your well-being is our priority, and we're here to support you through this challenging time. Call us now and together, we can work towards justice and a brighter future.

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