DUI concept. Law gavel alcohol and car keys on a wooden desk dark background

Drunk driving accidents are unfortunately all too common throughout the US. These types of accidents often cause extensive damage and injuries for the parties involved. If you’re injured in an accident because the other driver was under the influence, there’s an inevitable process that you must go through to recover your losses.

Virginia is not a pure no-fault state, meaning that your own insurance will not cover all of your expenses. The at-fault driver may not have insurance at all. If you require more than the insurance company is offering you, you can successfully fight the case with the help of an experienced lawyer. Here’s how to file a successful DUI case in Virginia.

Financial Losses That You Can Recover in a DUI Case

If you’re the victim in a DUI case, the law is on your side. Unfortunately, the at-fault party and the insurance company are not - they will fight to keep their money. Depending on the severity of the accident, you are eligible for compensation for your property damages, initial medical bills, follow-up medical bills, ongoing care, loss of income, pain and suffering, and punitive costs.

When you first get into the accident, your insurance company will try hard to low-ball you. It’s vital to hire an attorney and let them fight the case on your behalf to make sure you receive the amount you deserve.

Estimating DUI Claim Values

If you’re involved in an accident, you should always get medical help first. The next thing you should do is call a lawyer to make sure the guilty party is held responsible for any bodily injuries and damaged property. If you’re not satisfied with the insurance company’s offer, your lawyer will recommend filing a civil suit where a judge or jury will decide how much you are owed.

Keep all of your records from the accident, including medical and police reports, any receipts from hospital bills, and the estimate for damages to your car. Your attorney must review all of these to place a dollar value on your claim. To fight a case in court, you must have proof of how much the accident has cost you. If you were injured and could not return to work, you can collect damages from that as well. Physical pain and suffering refers to an estimate of costs related to present and future pain and discomfort. Mental pain and suffering covers mental anguish and emotional distress over the accident, which can be traumatizing.

Who is Liable

Usually, the liable party is the person who was caught driving under the influence. However, at times, there may also be a third-party liability - the person or institution that served the individual in the first place. There are laws about serving alcohol in Virginia. Bars, hotels, clubs, and other venues have a responsibility not to over-serve. If the person was already visibly intoxicated and continued to be served alcohol, that venue may also be responsible for your injuries and suffering.

Call a Local Experienced Attorney

At the Alexander Law Group, PLC, our lawyers have decades of combined experience helping individuals with their DUI personal injury cases in the Richmond, VA area. You only have a limited time to find a lawyer and prepare a case that will provide you with the financial closure you need to be whole again. Hiring someone that will fight for your rights is imperative. Call us at 804-271-1969 to schedule a consultation.