When a drunk driver hits you, the first thought may be, Why did it happen at all? Someone made the choice to drink, get behind the wheel, and put lives at risk. Now you’re left to carry the impact of that decision. It is natural to ask what justice looks like moving forward. For many people, that means searching for the average settlement for a drunk driving accident in Virginia.
Those searches don’t give one answer that fits every case. Like any other personal injury case, settlements depend on the extent of injuries, the medical care required, and how the crash affects daily life. These damages are meant to compensate you for your injuries.
One distinguishing factor in drunk driving cases is that you may also be entitled to punitive damages, which are damages over and above compensatory damages which are designed to punish the drunk driver. Instead of looking for an average settlement number, it helps to understand what a settlement should include after a DUI crash.
If you recently suffered injuries in a crash caused by a drunk driver in Virginia, call Merrick Brock PLLC to arrange a free consultation.
What Should DUI Accident Settlements Cover?
The term “average settlement for a drunk driving accident” can give the wrong impression that lawsuit settlements follow a set formula. They don’t. What matters is what the settlement should cover for the person injured by the drunk driver.
To figure that out, ask:
- How serious are the injuries?
- What medical care will the injured person need in the months or years ahead?
- Can the injured person return to work, or has the accident reduced their earning capacity?
- How has the crash affected emotional health and daily life?
These questions lead directly to the areas that fair DUI accident settlements should cover:
- Medical costs. Collisions caused by drunk drivers can result in severe injuries, from broken bones to head and spinal trauma. Treatment may include emergency surgery, extended hospital stays, months of therapy, and ongoing care if recovery is incomplete.
- Lost income. Many people hit by a drunk driver can’t return to work right away. Paychecks stop during recovery; if the injuries are permanent, future earning ability may also be reduced.
- Personal losses. Life at home changes after a DUI crash. Pain can make simple routines harder, driving may bring anxiety, and family life can be affected by ongoing medical needs or physical limits.
Drunk driving isn’t a random crash caused by weather or equipment failure. It is a choice to drink and get behind the wheel. Virginia law also allows punitive damages in DUI cases, which is why looking for the average settlement for a drunk driving accident can be misleading. These damages may be added to a settlement to punish the drunk driver and send a strong message about the seriousness of impaired driving.
However, punitive damages are not available in every drunk driving crash. They are only available in the most egregious drunk driving cases, and there are strict evidentiary hurdles that must be met in order to recover punitive damages. That makes it crucial to secure the evidence needed early on in your case before the evidence is lost forever.
This evidence includes body cam footage from the responding officers, the results of blood or breath tests taken after the crash, receipts from where the drunk driver purchased or consumed the alcohol, and witness testimony on the driver’s level of impairment.
How Long Does a DUI Crash Settlement Take in Virginia?
Once you know what a settlement after being hit by a drunk driver should cover, the next question is how long the process will take. Most people want answers quickly, especially with medical bills and time away from work.
Some cases resolve in a few months, when injuries are straightforward and liability is undeniable. Others take longer when treatment is ongoing or the insurance company resists paying fairly. If negotiations stall, the case may have to be filed in court, which extends the timeline.
Virginia law also sets a strict deadline. You generally have two years from the crash date to file a personal injury lawsuit. Missing that deadline means losing the chance to pursue compensation, so starting the process well before time runs out is essential.
Should You Accept the First Settlement Offer?
After a drunk driving crash, insurance companies move quickly. Adjusters know you are facing medical bills and time away from work. A fast offer puts money on the table before you know how much care you actually need.
The problem is that early offers rarely match the full cost of recovery. When the insurance adjuster contacts you, you may not know whether surgery will be required, how long therapy will last, or if you can return to your job in the same capacity. Signing too soon closes the door on asking for more later.
Fair DUI accident settlements should reflect the full scope of your injuries, the income you’ve missed, and the personal impact of living with pain or fear after the crash. Those numbers take time to understand, and they cannot be rushed by an insurance company’s timeline.
Before you accept any settlement after getting hit by a drunk driver, have the offer reviewed by a lawyer who has handled DUI accident claims. That review can tell you whether the offer covers both current expenses and the future needs you may not have anticipated yet.
How a Lawyer Can Help Resolve Drunk Driving Lawsuit Settlements
Settling a drunk driving case is more than adding up bills. It requires showing how the crash has changed your health, work, and daily life. Insurance companies work to downplay those losses. A lawyer builds a case that puts your experience at the center.
An attorney can gather medical and employment records, consult doctors or experts, and track the development of your condition to ensure the settlement demand includes future care costs.
In DUI cases, the lawyer’s role also includes pursuing punitive damages when the facts allow it. Without legal guidance, this part of the settlement is easy to overlook.
Most importantly, a lawyer handles communication with the insurance company. That prevents you from being pressured into saying something that hurts your claim or accepting a low offer.
Contact a Virginia Drunk Driving Accident Lawyer Today
With decades of trial experience and a reputation for refusing to settle for less than clients deserve, Merrick Brock PLLC knows how to hold impaired drivers accountable.
If you suffered injuries after being hit by a drunk driver, we will review your case, gather the evidence needed to build a strong claim, and pursue the settlement you need to move forward. Our goal is justice, both for what you have lost and for the choice the drunk driver made.
Call Merrick Brock PLLC today or contact us online to schedule your free consultation.