Drunk driving remains a leading cause of severe accidents, often leaving victims with life-altering injuries and overwhelming financial burdens. Holding the intoxicated driver accountable requires strong legal representation: a car accident lawyer in Virginia can help you pursue full and fair compensation.
At Tronfeld West & Durrett, our attorneys have fought for injury victims across Virginia for over 50 years, and we have what it takes to successfully solve your case.
This article covers how DUI settlements work, what factors impact compensation, and how our legal team can maximize your recovery after a crash caused by a drunk driver.
Drunk Driving Accident Settlements in Virginia
Under Virginia Code § 18.2–266, drivers with a Blood Alcohol Concentration (BAC) of 0.08% or higher are considered legally intoxicated. If a drunk driver causes an accident, they can face both criminal charges and civil liability, meaning they may be prosecuted while also being responsible for compensating victims.
Unlike standard car accidents, DUI-related crashes often result in higher settlements due to the reckless nature of the offense. Compensation typically covers medical expenses, lost income, and pain and suffering, but victims may also receive punitive damages, which punish the at-fault driver for gross negligence.
Virginia’s personal injury laws directly impact DUI accident settlements by determining who is liable, what damages are recoverable, and how compensation is calculated. A car accident lawyer in Virginia from Tronfeld West & Durrett knows how to apply these laws to build a strong case, effectively establishing liability and pursuing maximum compensation.
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Factors That Affect the Settlement Amount in a Drunk Driving Case
The settlement amount you may obtain after a DUI accident depends on multiple factors, including:
- Severity of injuries: More severe injuries typically lead to higher settlements because they require extensive medical treatment and may cause long-term disabilities.
- Medical expenses: The cost of surgeries, rehabilitation, and future treatments affects settlement value. Higher medical bills increase compensation.
- Lost wages and diminished earning capacity: If injuries prevent you from working temporarily or permanently, your settlement includes lost wages. Permanent disabilities leading to career changes or unemployment significantly increase compensation.
- Pain and suffering damages: Emotional distress, chronic pain, and a reduced quality of life impact non-economic damages. Severe, life-altering injuries result in higher pain and suffering awards.
- Punitive damages: If the drunk driver’s actions were extremely reckless, courts may award additional compensation to punish their behavior, increasing your settlement beyond standard damages.
- Insurance coverage: The at-fault driver’s policy limits determine how much you can recover. If they have minimal or no coverage, your uninsured/underinsured motorist policy will affect your payout.
How Much Compensation Can You Expect in a DUI Accident Settlement?
Generally, settlements for DUI-related crashes tend to be higher than standard car accident cases due to punitive damages and the reckless nature of the offense. However, the amount of compensation victims receive varies widely, based on the specifics of each case and the factors we’ve just outlined.
Additionally, shared liability and the strength of the evidence can also impact the final settlement amount. If a victim is partially at fault, their compensation may be reduced under Virginia’s contributory negligence rule, which bars recovery if the victim shares even 1% of the blame.
Typical settlements for drunk driving accident cases in Virginia range from $10,000 to over $100,000 for minor to moderate injuries, while severe cases with catastrophic injuries or punitive damages can exceed $1 million.
Our case results show how settlement amounts vary depending on the specific circumstances of each case. For example, we obtained a $750,000 settlement for a passenger injured when a car’s mirror struck him and a $1 million settlement for a woman who suffered a heel injury in a T-bone collision.
If you’re wondering what your claim could be worth, a car accident lawyer from our team can explain how car accident settlements work, assess your case’s specific circumstances, and estimate its potential value during a free consultation.
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Legal Avenues for Recovering Compensation After a Drunk Driving Accident
Victims of DUI accidents have multiple legal options to pursue compensation, depending on the circumstances of their case. Available avenues include:
Filing a Personal Injury Claim Against the Drunk Driver
To hold a drunk driver accountable through a personal injury claim, victims must establish negligence by proving the driver was intoxicated at the time of the crash. Evidence such as police reports, breathalyzer results, and witness statements is crucial to support a claim.
Seeking Compensation Through Insurance Claims
Virginia follows an at-fault system, meaning victims typically file claims against the at-fault driver’s insurance. If the drunk driver lacks sufficient coverage, victims may seek compensation through their uninsured/underinsured motorist policy.
Pursuing Punitive Damages for Gross Negligence
In cases involving extreme recklessness, courts may award punitive damages to punish the at-fault driver and deter similar behavior. Virginia law allows punitive damages in DUI cases where the driver had a BAC of 0.15% or higher or displayed willful misconduct.
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How Is Pain and Suffering Compensation Calculated?
Pain and suffering compensation in Virginia is calculated using two primary methods:
- Multiplier method: Economic damages (such as medical bills) are multiplied by a number typically ranging from 1.5 to 5, depending on the severity of the injury.
- Per diem method: A daily rate is assigned based on the victim’s suffering, multiplied by the number of days they’re affected.
At Tronfeld West & Durrett, we use strong evidence to strengthen your claim. Besides medical records, which are important to document the extent of injuries and long-term impact, we also use personal testimony from the victim, family, and medical experts to help illustrate emotional distress, reduced quality of life, and chronic pain.
How Long After a Car Accident Can You Sue in Virginia?
Under Virginia Code § 8.01-243, DUI accident victims have two years from the accident date to file a personal injury lawsuit.
Failing to meet this deadline means losing the right to seek compensation, so make sure you contact a car accident lawyer in Virginia as soon as possible to ensure all necessary steps are taken on time.
Get a Free Case Evaluation from Virginia’s Trusted Drunk Driving Accident Attorneys
A drunk driving accident can leave you with serious injuries, financial stress, and uncertainty about your next steps. Tronfeld West & Durrett has over 50 years of experience handling DUI accident claims and securing substantial settlements in complex cases. We can do the same for you and hold the at-fault party accountable for your damages.
If you’re ready to discuss your case, we offer a free consultation to evaluate your options. Contact us today to get the legal guidance you need.
Call or text 800-321-6741 or complete a Free Case Evaluation form