Compensation for Being Hit by a Drunk Driver!

Key Takeaways

• Punitive damages may be available if the plaintiff proves by clear and convincing evidence that the harm resulted from the defendant’s willful, wanton, or recklessness.
• The most important considerations when determining a settlement amount from a drunk driver are how badly you were hurt, what your insurance is going to cover (the limits), and who was at fault and liable.
• Achieving success in navigating this legal process requires urgent preservation of evidence and identifying applicable insurance and lawsuit deadlines that can help protect a claim; filing an insurance claim does not replace filing a lawsuit within the applicable limitations period.

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Understanding Compensation for Drunk Driving Accidents

There are many different ways to receive compensation when a drunk driver causes an accident. These can be divided into two categories: economic and non-economic.

Economic claims, or “tangible” losses, are based on things you have actually spent money on (i.e., medical bills, lost wages due to being unable to work because of your injury, etc.). Non-economic claims represent the less tangible effects of a victim’s injuries (pain and suffering).

Evidence that a driver was impaired may be relevant to negligence, causation, and punitive damages when the evidence connects the impairment to the crash. However, ultimately the amount of money awarded for injuries/damages will depend upon the facts of each case, the type(s) of damages proved by the Plaintiff, the various affirmative defenses available to the Defendant, and the types of possible sources of recovery available to the Plaintiff.

A comprehensive drunk driving accident claim involves a detailed understanding of the full spectrum of damages you can claim. Both economic and non-economic damages can make up part of an award for compensatory damages; however, in order to obtain punitive damages, you have to meet all the statutory prerequisites for punitive damages separately.

Economic Damages – Medical Bills & Lost Wages

Economic damages are the foundation upon which any drunk driving case is based. The economic damage part of any drunk driving claim encompasses the monetary (tangible) expenses that you suffer as a direct result of an auto accident. The most common types of medical expenses incurred by accident victims include: hospital stays; surgeries; prescribed medications; physical therapy and other forms of medical treatment to help heal your injuries. Seeking immediate medical care is important both in terms of ensuring your health, but it will also serve to create a very important piece of documentation for your claim. Keeping track of every single medical bill that you incur — whether it be for a stay at the hospital, surgery, or physical therapy is extremely important.

Lost wages are another critical component of economic damages. Past lost earnings (lost wages) are often proven by showing past employment history and/or wage loss due to time lost from work. However, as mentioned earlier, proving the amount of lost future income or loss of earning capacity on a case-by-case basis requires evidence specific to each case.

The claimant may recover proven actual prior lost income as well as his/her diminished ability to earn in the future (lost future earnings) if there is sufficient proof that he/she will suffer such loss and it meets the level of proof required for the case to be proven under South Carolina law.

Documenting lost wages mainly involves keeping records of time unable to work and the corresponding income lost.

Seeking compensation involves filing a claim and providing evidence of injuries and damages to the at-fault driver’s insurance company.

Non-Economic Damages: Pain and Suffering

Pain and suffering is an example of non-economic damage to you from the drunk driver. These are all of the things that cannot be put into dollars and cents as a result of your injury. This includes your loss of enjoyment of life, physical pain and discomfort, and emotional distress. There are many different types of non-economic damage.

Emotional distress is a common aftermath of drunk driving accidents, with victims experiencing severe anxiety, depression, and even PTSD. Generally speaking, South Carolina has no cap on general damages (non-economic damages) that are awarded to claimants in private party automobile cases. Statutory damage caps do exist, however, which affect some government and/or other regulatory agency claims.

Without a legal cap, the compensation can more accurately reflect the accident’s true impact on your life.

Punitive Damages for Reckless Behavior

Punitive damages serve a unique purpose in drunk driving accident claims, i.e., punishing the drunk driver for reckless behavior and deterring similar actions. In South Carolina, the award of punitive damages is possible as well as an award of compensatory damages, and South Carolina has a statutory cap on awards that includes exceptions; however, there is an exception to caps where a party qualifies under the statutory language regarding alcohol impairment.

The standard of proof for establishing punitive damages requires a showing of clear and convincing evidence to demonstrate that the injury suffered at the hands of the defendant was caused as a result of the defendant’s willful, wanton, or reckless actions. When a person is alleging injuries due to the defendant’s drunk driving, the plaintiff may allege punitive damages if it is demonstrated via “clear and convincing” evidence that the defendant was acting in a manner that was either willfully, wantonly, or recklessly.

Whether punitive damages may be awarded will depend upon the evidence as well as South Carolina statutes regarding punitive damage awards, rather than a judge’s perceived attitude toward persons who drive while intoxicated.

Punitive damages are intended to punish and deter qualifying misconduct and, when awarded, are separate from compensatory damages.

South Carolina follows modified comparative negligence, which means your damages generally are reduced by your percentage of fault, and you ordinarily cannot recover on a negligence claim if your fault is greater than the defendant’s.

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Factors that Impact Drunk Driving Accident Settlement Amounts

The potential value of a drunk-driving settlement depends on multiple factors, and a recovery is not guaranteed. Understanding those factors will allow you to understand what you need to do to best prepare yourself for your claim, and also give you a realistic expectation of how much your final settlement amount may be. Those factors include the degree of injury, cost of medical care, loss of wages, and the degree of property damage. Documentation such as police reports, witness statements, etc., are examples of things you should document immediately after an incident, which can impact your compensation results.

In other words, there exists no reliable method for determining how much money an attorney or plaintiff should settle a drunk driving case based upon past cases; no single amount that has been paid to settle all previous cases can serve as a basis for estimating the possible settlement value of another case. Ongoing medical care and emotional pain can push these amounts higher. Understanding the primary factors that influence settlement amounts can help you set realistic expectations and support a claim for compensation based on the facts, available coverage, and in accordance with South Carolina law.

Severity Of Injury Is Key To Compensation Amounts

The amount of money you receive from an alcohol-related crash will depend heavily on how severe the injuries you sustained are. More severe injuries can increase provable damages, although settlement value also depends on liability, insurance, evidence, defenses, and the circumstances of the case. For example, if a person suffered an injury that resulted in either loss of use (paralysis) or loss of a limb (amputation), they would likely get a much larger settlement than someone who had very minor injuries. The State of South Carolina does not have a set range of settlements for liability associated with head-on drunk driving accidents. Each case will vary depending upon liability, damage/injury, insurance coverage, and the strength of the evidence presented.

When determining non-monetary damages (pain & suffering) to include in your settlement figure, consider healing time and cost associated with your therapy needs. Documenting your injuries and their effects can help support claimed damages, but it does not guarantee that a settlement will cover every loss.

Insurance Coverage Limits

Liability insurance coverage limits greatly affect the amount of money paid out as settlements in cases involving drunk drivers who have caused accidents. If the insured driver is legally liable, the liability policy may provide payment for covered, proven damages up to the applicable policy limits. However, there are additional avenues available for seeking financial assistance. These include:

• Other parties that were also negligent.
• Personal assets of the defendant.
• Underinsured/Uninsured Motorist (UM/UIM) coverage.

If the at-fault driver has only minimum liability coverage, this may not provide enough to pay for serious injury, loss of income, medical bills, etc., or even possibly repair/damage to your vehicle.

If you find that your losses exceed what was covered under your at-fault driver’s liability insurance coverage, you should consider exploring alternative avenues of relief. A claimant may sue the driver based on the driver’s alleged negligence or other wrongful conduct, and the driver’s personal assets may become relevant if available insurance is insufficient.

Liability and Fault Determination

Establishing liability and fault is a highly critical step in drunk driving accident claims. Proving fault determines liability and considerably influences settlement amounts. To establish fault, you must demonstrate a direct causal relationship between drunk driving and the accident. Liability depends on the evidence establishing negligence and causation; evidence of impairment may be relevant to that determination. The plaintiff must prove the defendant’s negligence and causation; the defendant may raise and prove comparative negligence as an affirmative defense.

However, it’s important to note that intoxication does not automatically guarantee that the other driver is at fault. A clear demonstration of the drunk driver’s actions aligning with negligence standards that includes duty of care, breach of duty, causation, and damages is required to establish fault.

In order to collect tort damages, you first need to prove liability. The amount of recovery damages is dependent upon comparative fault, damages, insurance, and all available defense(s).

Navigating the Legal Process After a Drunk Driving Accident

Navigating the legal process after a drunk driving accident can be overwhelming. Understanding your options and taking the right steps can significantly impact your settlement. Victims can either file a personal injury lawsuit or seek compensation from the driver’s insurance company. South Carolina personal-injury actions are generally subject to a three-year discovery-based limitations period, but governmental and other special claims can have different deadlines. Merely opening an insurance claim does not replace timely filing of a lawsuit.

If the driver is uninsured, then mandatory UM coverage may apply, and if the driver is underinsured, then UIM may apply if the insured purchased that optional coverage.

Calling and consulting with an experienced personal injury attorney can help identify applicable deadlines, evaluate available coverage, and determine appropriate steps based on the facts and in accordance with South Carolina law.

Evidence Collection at the accident scene

Documentation is an important component of building a strong case. Police reports and photographs are key elements in providing support for your claim. Taking pictures of the accident site and collecting data from witnesses will help to document the events that transpired. Documentation is a vital element to support your claim when dealing with litigation as well as your insurance company.

Photos should be taken from various angles and include all damaged cars, where each car was positioned, whether anyone had physical injuries, road conditions, and/or traffic signs. In addition, witness accounts may provide you with more insight into how this collision took place and will also strengthen your case.

Filing an Insurance Claim

Filing an insurance claim is a critical step in seeking compensation after a drunk driving accident or car accident. Your own insurance may provide you with the benefits you are seeking based upon your selected coverage(s) as well as applicable state statutes and policy provisions.

Detailed records of injuries, medical treatments, and income loss support your claim when negotiating with the at-fault driver’s insurance company.

You may apply Uninsured Motorist (UM) coverage for the at-fault driver whose vehicle does not have liability insurance and, if you purchased Underinsured Motorist (UIM) coverage, you can also use UIM coverage if the at-fault driver’s liability limits are insufficient; again, this would be subject to the above-mentioned South Carolina statutory and policy provisions.

Applicable UM or UIM coverage may provide payment for covered damages the insured is legally entitled to recover, subject to available limits, policy terms, and South Carolina law.

Importance of Hiring an Attorney For Drunk Driving Accident Claims

Drunk driving accident claims are complicated cases, and hiring a qualified and knowledgeable attorney is important in representing you in a drunk driving accident. The personal injury attorney can work to collect available relevant evidence to show that the defendant was negligent and that their negligence caused your injuries. Your attorney will also use this information to support your claim as it relates to both the facts of your case and South Carolina law.

An experienced attorney can help identify and protect applicable legal rights and advocate for compensation supported by the evidence and South Carolina law.

Your attorney can evaluate potential fault, damages, and applicable insurance and advocate for you in negotiations or litigation; disputed issues may ultimately be decided by a court or jury. However, the results of these actions may differ greatly from one another depending upon many factors related to your individualized case.

Dealing with Insurance Companies

Dealing with insurance companies can be one of the most challenging aspects of seeking compensation after a drunk driving accident. Insurance companies that provide liability insurance look at claims made against them on the basis of liability, damages, applicable coverage, and available defenses. Therefore, an insured’s interest (the one making a claim) in the insurance company’s decision to pay out on the claim will usually be different than the insurance company’s interest.

Any potential settlement offer that comes your way needs to be thoroughly evaluated for all aspects of liability, as well as documented costs associated with damages, plus the coverage of your insurance, plus any additional loss you will incur down the road prior to making a decision on accepting the offer.

Victims should consult with an experienced personal injury attorney before giving a recorded statement to an insurance company. Limiting social media activity during the settlement process can also protect your claim.

Negotiating with the Drunk Driver’s Insurance Company

Negotiating with the drunk driver’s insurance company can be particularly challenging. The first potential settlement offer you receive from an insurance company could arrive at a time when you are still learning about the severity of your injuries (and therefore any related medical bills), and/or when your future losses have yet to be determined; therefore, it would be wise to take some extra time evaluating this type of settlement proposal. Victims should carefully evaluate settlement offers and negotiate to ensure all damages are properly considered before acceptance.

An attorney can assist in evaluating settlement offers and advocate for compensation backed by the evidence. Thorough documentation can solidify the evidence supporting your claimed damages during negotiations or litigation.

Handling Uninsured or Underinsured Motorist Claims

Handling uninsured or underinsured motorist claims requires a clear understanding of your insurance coverage. Uninsured and underinsured motorist coverage protects you from potential financial hardships due to insufficient coverage by the at-fault driver. If the at-fault driver’s liability limits are inadequate, optional UIM coverage may provide an additional source of recovery if you purchased that coverage and satisfy the applicable policy and South Carolina statutory requirements.

South Carolina UM claims are NOT no-fault claims; however, they do allow the insured to receive those damages that the insured is lawfully allowed to collect from an uninsured motorist, as long as there is compliance with the terms of the policy and the statute. If you have UM (uninsured motorist) or UIM (underinsured motorist) coverage, this could add another layer to your possible compensation sources. However, there is no promise that you will get the full amount of money back for your injury.

There is no personal injury protection (PIP) coverage mandated under the automobile insurance laws of South Carolina.

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Factors Which May Impact Your Settlement

Immediate medical care and accurate treatment records can help document injuries and support a claim, although the evidence required depends on the circumstances.  Documentation of your injuries, treatments received, and loss of income provides substantial evidence in building your case.

Your attorney can assist you through this process by working directly with you and potentially filing your insurance claim. Insurance companies do not guarantee how much money they will pay you if there is a settlement. Whether or not continued negotiations will increase the amount offered to you is generally dependent upon the quality of the evidence, the liability issues involved, the insurance coverage available, and the position each party has taken.

Medical Treatment After A Drunk Driving Accident

Prompt medical care and records can provide important evidence of injury and damages, but the proof required depends on the circumstances of the individual claim.

Although you may not feel like you were injured at first, many people experience symptoms of injuries sustained in accidents long after the incident occurred. Therefore, even though you may not see any reason to seek further medical evaluation, it would be advisable to do so.

Documentation Of All Your Medical Care

In addition to the need to document your medical care, keep accurate records of all medical treatments. This includes but is not limited to:

• Hospitalizations
• Surgeries
• Medications
• Ongoing medical care

These are all examples of the types of information that will provide substantial proof of the extent and severity of your injuries as well as how those injuries have impacted your quality of life.

Common Mistakes In Settlement Negotiations

There are several common mistakes made during settlement negotiations that can negatively affect the final settlement amount received. One such example is when a person receives a settlement offer prior to receiving an adequate diagnosis or knowledge of any potential future problems with their condition. If this occurs, it would be advisable to carefully consider the settlement offer before making a decision about whether to accept it.

Before making a decision regarding acceptance of the settlement offer, always consider all the past and future medical expenses, loss of income, and any other relevant factors. An attorney can help evaluate the consequences of a settlement offer and advocate for compensation supported by the evidence and in accordance with South Carolina law.

Frequently Asked Questions

What types of damages can I claim after a drunk driving accident?

How do I prove fault in a drunk driving accident claim?

What should I do immediately after a drunk driving accident?

How do insurance coverage limits affect my settlement?

Why is it important to hire a personal injury attorney after a drunk driving accident?

Does South Carolina law provide for any maximum amounts that can be recovered in a claim due to damage caused by the negligence of another?

How Does the Plaintiff Request Punitive Damages?