If you have been injured by a drunk driver, then the value of your claim may be more than had the other party not been drunk. Generally speaking, if you are willing to let us file your case in court, we can get you a 20% to 50% premium on the claim. The reason we have to file to get the premium is because insurance companies almost always take the position that they don't consider the nature of the negligent act; rather, they only look at whether their insured was or was not at fault. However, the insurance companies know that if they have to defend a drunk driver at trial, they run a very serious risk of getting hit big.

The reason that drunk driving cases are likely to bring the injured party more money is because such cases are often subject to punitive damages. “Punitive damages” is an award of money intended to punish the bad driver, and is in addition to the damages that would be awarded in a common negligence case. Thus, the potential for punitive damages can increase the settlement value in a case when handled by an experienced attorney.

Unless you have a lawyer on your side, punitive damages can be very difficult to obtain. In fact, you aren't even allowed to ask for punitive damages when you first file your lawsuit. Rather, you have to file the lawsuit, proceed with discovery (including depositions, requests for production of documents, and requests for admissions), then file a separate motion to allege punitive damages. The party seeking to add a claim for punitive damages must be able to set forth specific facts supported by admissible evidence adequate to avoid the granting of a motion for a directed verdict to the party opposing the motion on the issue. This is no easy feat.

Assuming that you are successful in amending the lawsuit to add a claim for punitive damages, you must then be able to prove that portion of your case by clear and convincing evidence at trial. While this may sound relatively easy, it is, in fact, quite difficult to do when you are up against an experienced defense attorney. Insurance companies know this, and nearly always assume that they will successfully defend against a claim for punitive damages if the injured party does not have an attorney. Thus, if you have a lawyer on your side that is aggressive, knowledgeable, and willing to go to the trouble of filing your case with the court, you will very likely end up with significantly more money.

If you or a loved one is in need of legal assistance concerning a car accident, call Dwyer, Williams, Potter Attorneys, LLP toll free at (800) 285-8678, or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis. That means we get paid for our services only if there is a monetary recovery. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. If this date passes, your claim will be lost forever. Contact us right away to ensure that you do not lose your right to compensation.