In the United States, approximately 37 people die every day due to drunk-driving crashes. In 2021 alone, there were 13,384 deaths from DUI-related car accidents. These accidents are not only devastating but also entirely preventable.
When a DUI accident occurs, victims have the right to seek justice and compensation for their losses. This process can be complex and often involves negotiating a car accident settlement or filing a lawsuit. Let’s take a closer look at this process, focusing on the state of Georgia.
Our Atlanta car accident lawyers can help you get the compensation you deserve after a DUI accident. Contact us today for a free consultation.
Reporting the Accident
In Georgia, parties must report an accident immediately to local law enforcement if there is an injury or death, or if there is property damage greater than $500. It’s crucial to report the accident promptly to your auto insurance company as well.
Gathering Evidence
It’s crucial to take steps to gather evidence after an accident with a drunk driver.
- Call the police right away.
- Get the other driver’s name, insurance information, and contact details.
- Write down the license plate number.
- Take photos of the accident scene, the vehicles, and any injuries.
- Make sure to get a copy of the police report.
This evidence is important for seeking compensation in an insurance claim or a lawsuit.
Negotiating a Settlement
Negotiating a settlement with an insurance company can be challenging. Insurance companies often attempt to minimize payouts. It’s essential to understand your claim’s value before entering negotiations. This includes all damages such as medical expenses, lost wages, property damage, and pain and suffering.
Your Atlanta car accident lawyer won’t let the insurance company trick or intimidate you into accepting a settlement that is too low.
Filing a Lawsuit After a DUI Accident
When you’re involved in a DUI accident, the process of filing a lawsuit can be complex and daunting. However, understanding the steps involved can help you navigate this process more effectively. Here’s a more detailed look at what’s involved in filing a lawsuit in Georgia.
Evidence
Evidence such as police reports, state lab results, and information from a criminal trial can be used in a personal injury lawsuit after a DUI crash. It is vital to promptly collect all pertinent evidence to build a robust case.
Filing the Lawsuit
Once you’ve gathered all necessary evidence and consulted with your attorney, you can proceed to file the lawsuit. This involves drafting and filing a complaint with the court. The complaint outlines your claims against the defendant and the damages you’re seeking.
Serving the Defendant
After filing the lawsuit, you must serve the defendant with a copy of the complaint and a summons to appear in court. This is usually done by a process server or law enforcement officer.
Waiting for Response
The defendant has a certain amount of time (usually 30 days) to respond to your complaint. If they fail to respond within this time frame, you may be able to obtain a default judgment.
Discovery Process
Once the defendant has responded, both sides will enter the discovery process. This involves exchanging information and evidence related to the case.
Trial
If no settlement is reached during discovery, the case will proceed to trial. During the trial, both sides will present their case, and a judge or jury will make a final decision.
Possible Damages
Victims of DUI-related car accidents can typically recover compensation for various damages:
- Medical expenses: This includes both past and future medical costs related to injuries sustained in the accident.
- Lost income: If the victim has been unable to work due to their injuries, they may be compensated for lost wages. This also includes future income if the victim’s ability to work has been permanently affected.
- Property damage: The cost to repair or replace damaged property is typically covered.
- Pain and suffering: This refers to physical pain and emotional distress suffered as a result of the accident.
In many cases involving DUI, victims may also seek punitive damages. These are intended to punish the offender and deter similar behavior in the future.
Call Our Atlanta Car Accident Lawyers for Help!
DUI accidents can have life-altering consequences. While no amount of money can truly compensate for these tragedies, seeking justice through legal means can provide some measure of closure and financial relief.
If you or a loved one has been affected by such an incident, reach out to the Weinstein Firm at 770-HELP-NOW today. Our firm has a proven track record of obtaining millions of dollars for clients.
