- July 14, 2023
Have you been involved in a car accident caused by a drunk driver? It can be an overwhelming and traumatic experience. You’ll be left with physical injuries, emotional distress, and financial burdens. Having an experienced Baton Rouge car accident lawyer on your side is crucial.
A skilled lawyer can help you get the compensation you deserve after a drunk driving accident. We’ll explore what damages you can demand.
There Are Many Drunk Driving Accidents in Louisiana
Drunk driving accidents happen far too often. The number of drunk driving fatalities in Louisiana (per hundred thousand residents) is one and a half times the national average. In 2019 alone, there were 220 drunk driving fatalities in Louisiana.
These accidents can happen to anyone, at any time. But they often have devastating consequences, leaving victims with serious injuries. Unfortunately, many drunk driving accident victims die as a result of their injuries.
If you or someone you love has been involved in a drunk driving accident, a Baton Rouge accident lawyer can help you pursue the compensation you deserve.
What Damages Can Your Baton Rouge Car Accident Lawyer Demand?
If you’ve been hit by a drunk driver, you may be wondering what damages you can claim. The answer is that it depends on the circumstances of your particular case.
That said, there are certain types of damages that are commonly awarded in drunk driving accidents, including:
- Medical expenses: If you’ve been injured in a drunk driving accident, you can claim both current and future medical expenses related to your injuries. This includes things like hospitalization, surgery, rehabilitation, and medication.
- Lost income: If your injuries have prevented you from being able to work, you can claim lost wages for the time you missed at work. You can also claim lost earning potential if your injuries have resulted in a permanent loss of income.
- Pain and suffering: This is a type of “non-economic” damage that can be difficult to quantify. It compensates you for the physical and emotional pain and suffering caused by your injuries.
- Property damage: If your vehicle or other property was damaged in the accident, you can seek reimbursement for repair or replacement costs.
Can You Recieve Punitive Damages if the Other Driver Was Drunk?
Punitive damages are not meant to compensate an accident victim. They are intended to punish the defendant for their egregious behavior. In a drunk driving accident, punitive damages may be awarded if the driver acted with wanton or reckless disregard for the safety of others.
Additionally, for punitive damages to be awarded, there must be proof that the other driver’s intoxication was a substantial factor in causing the crash. In other words, you need to prove the driver was intoxicated, and the accident wouldn’t have happened if the driver was not drunk.
Your Car Accident Attorney Will Still Have to Prove Fault
If you have been injured in a drunk driving accident, you may be wondering who is liable for your damages. The answer to this question depends on the facts of your case.
If the drunk driver was working for a company at the time of the accident, his or her employer may be held liable for your damages under the doctrine of vicarious liability.
If the drunk driver was not working at the time of the accident, he or she may still be held liable for your damages if it can be shown that he or she was negligent in some way, such as, for example, if they were speeding at the time of the crash.
The insurance companies that insure the drunk driver and their employer will also be involved in your lawsuit. Of course, the insurance company may try to deny coverage or minimize the amount of damages that they are required to pay.
How Can an Experienced Baton Rouge Accident Lawyer Help You?
Unfortunately, no lawyer can guarantee that you will receive damages after a drunk driving accident. However, an experienced Baton Rouge accident lawyer can help you build a strong case
- Filing a personal injury claim against the drunk driver
- Tracking down evidence
- Dealing with the insurance company on your behalf
- Filing a lawsuit and representing you in court
Your Attorney Can Use the Defendant’s DUI Conviction as Evidence
Your car accident attorney can use the defendant’s DUI conviction as evidence that they were negligent. All drivers have a responsibility to obey the law, and driving drunk violates that responsibility and puts others in danger.
In addition to using the DUI conviction as evidence, your car accident attorney in Baton Rouge can also obtain other types of evidence to prove negligence:
- Police reports
- Witness statements
- Documentation that the defendant was, in fact, intoxicated
- Medical records
- Expert witnesses
- Your own testimony
The Insurance Company Will Be Motivated to Settle if Their Client Was Convicted of DUI
The insurance company should be motivated to settle with you if their client was convicted of DUI, rather than risk having to pay out more in damages and penalties. Of course, every case is different and there is no guarantee that the insurance company will settle.
Insurance companies will often try to give victims a too-low settlement. An accident lawyer will fight for your rights and make sure you get the full compensation you deserve.
Call a Baton Rouge Accident Lawyer Immediately After the Crash!
It is important to remember that no Baton Rouge accident lawyer can guarantee you’ll win your claim and recover money after a drunk driving accident. However, an experienced lawyer can build a strong case using the defendant’s DUI conviction and other evidence.
That said, your car accident attorney can help ensure you get the compensation you deserve by providing strong legal representation in court.
If you were hurt in a crash with a drunk driver, let us help you get the full compensation that you deserve. Contact our accident lawyers today at (888) 407-0911 for a free consultation.
