A drunk driver crosses the center line, runs a red light, or slams into the back of your car at a stoplight. In the seconds after, you are thinking about pain, about the ambulance ride, about whether your car is totaled. What most people do not think about right away is whether the case in front of them is worth more than what the at fault driver’s insurance company first offers.
At The Issa & Castro Law Firm, our Atlanta car accident attorneys have represented people across the Atlanta metro area who were hurt by drivers who chose to get behind the wheel while impaired. We know that a drunk driving crash is rarely just a fender bender, and if you want to talk through what happened, you can reach our team through a free consultation while you read on to see what your case may be worth beyond the bills already piling up.
What Medical Bills Do Not Cover
Medical bills are only the starting point in a drunk driving case. They tell you what the hospital charged, but they say nothing about the income you lost while you were out of work, the physical therapy still ahead of you, or the pain that follows you home each night. Georgia law allows injured people to pursue compensation for these losses in addition to medical costs.
Lost Wages and Reduced Earning Capacity
If your injuries kept you out of work, you may be able to recover the wages you missed. If your injuries are severe enough to limit the kind of work you can do going forward, you may also be able to seek compensation for that reduced earning capacity over the course of your career.
Pain and Suffering
Pain and suffering accounts for the physical pain, emotional distress, and loss of enjoyment of life that come with a serious injury. There is no invoice for this kind of harm, which is part of why having someone build the full picture of your recovery matters so much in a drunk driving claim.
Punitive Damages in Drunk Driving Cases
Georgia law treats drunk driving crashes differently than ordinary car accidents when it comes to certain types of compensation. Because driving under the influence is a knowing and voluntary choice, Georgia allows injured people to seek punitive damages in these cases, which exist to punish the at-fault driver rather than simply reimburse the victim.
Punitive damages are not automatic, and Georgia caps them at $250,000 in most personal injury cases, though drunk driving cases can fall under an exception depending on the circumstances. Whether punitive damages apply, and how much may be available, depends heavily on the facts of the crash and the driver’s blood alcohol level at the time.
Why the Insurance Company’s First Offer Rarely Tells the Whole Story
Insurance adjusters are trained to resolve claims quickly and for as little as possible. According to the National Highway Traffic Safety Administration, drunk driving remains a leading cause of preventable traffic deaths and injuries across the country, which means insurers see these claims often and have a playbook for minimizing them.
An early settlement offer is usually calculated from your medical bills alone. It rarely accounts for future treatment, the wages you have not yet lost because your recovery is ongoing, or the value of your pain and suffering. Once you accept a settlement, you generally cannot go back and ask for more later, even if your condition worsens.
Before accepting any settlement offer, it helps to understand what your claim may actually be worth. This includes looking at several factors together, such as the following:
- The severity and permanence of your injuries.
- Whether the at-fault driver faces separate criminal charges.
- The available insurance coverage, including any underinsured motorist coverage on your own policy.
- Whether punitive damages may apply given the driver’s conduct.
Looking at these factors together, rather than accepting the first number offered, gives you a clearer sense of what full compensation may look like in your case.
When a Drunk Driving Crash Turns Fatal
Some drunk driving crashes result in injuries severe enough to be life-threatening, and others tragically result in a loved one’s death. In those situations, Georgia law allows certain family members to pursue a wrongful death claim against the driver responsible, separate from any criminal case the state may bring.
A wrongful death claim can account for the financial support the family has lost, the value of the person’s companionship and guidance, and the funeral and burial costs the family now faces. These cases carry a different emotional weight, and having someone else manage the legal process can allow a family the space to grieve.
Learn How The Issa and Castro Law Firm Can Help
We have spent more than 20 years representing people across Atlanta and the surrounding suburbs after serious car crashes, including those caused by drivers who were impaired behind the wheel. With more than 50 years of combined experience between our attorneys, including attorney Mark Issa, we know how to build a case that looks past the first insurance offer and toward the full scope of what a crash has cost our clients. We also offer services in English and Spanish, so language is never a barrier.
If a drunk driver hit you or someone you care about, we may be able to help you understand what your case is worth beyond medical bills alone. We work on a contingency fee basis, so you owe nothing unless we recover for you, and consultations are always free. Reach out today for a free consultation to talk through what happened and what options may be available to you.