How Does the Claims Process Work When the Other Driver Was Intoxicated?

Being hit by a drunk driver can leave you facing serious injuries, mounting medical bills and lost income. If a drunk driver causes an accident that harms you, you are legally entitled to claim compensation for your losses. Understanding how the claims process works in these cases can help you seek the financial recovery you deserve. At Brydon, Swearengen & England P.C., our personal injury attorneys have experience in representing victims of drunk driving accidents throughout Missouri. Let us assist you in this difficult time.

What Makes Drunk Driving Cases Different

Drunk driving accident cases differ significantly from typical car accident claims. When a driver operates a vehicle while intoxicated, they demonstrate a clear disregard for the safety of others on the road. This reckless behavior creates a stronger foundation for your personal injury claim and may even qualify you for additional compensation.

Unlike accidents caused by simple negligence, drunk driving incidents involve intentional misconduct. The intoxicated driver made a conscious choice to get behind the wheel despite knowing the risks. This distinction is crucial when building your case and pursuing maximum possible compensation.

How to Establish Liability in Your Case

Showing that the other driver was intoxicated and responsible demands clear and compelling evidence. Your attorney will work to gather critical documentation, including:

• Police reports detailing the accident scene
• Blood alcohol content (BAC) test results
• Witness statements from the scene
• Surveillance footage or dashcam videos
• Expert testimony about the driver’s impairment

The burden of proof in civil court is different than in criminal proceedings. While a prosecutor must prove guilt beyond a reasonable doubt, your personal injury claim only requires showing that it’s more likely than not that the drunk driver caused your accident. This means you can pursue compensation even if the driver avoids a criminal conviction.

What Types of Compensation Are Available for Injured Drivers?

You may be entitled to various forms of compensation:

• Medical expenses
• Lost wages
• Pain and suffering
• Punitive damages

Punitive damages are particularly important in drunk driving cases. Missouri courts may award these damages when a driver’s actions show flagrant disregard for others’ safety. These awards serve both to punish the wrongdoer and deter similar behavior in the future.

How a Lawyer Can Help Your Case

Navigating a drunk driving accident claim requires experienced legal representation. A personal injury attorney provides valuable assistance by:

• Investigating thoroughly – Your lawyer will gather evidence, interview witnesses, and work with relevant industry experts to build the strongest possible case for your claim.
• Handling insurance companies – Insurance adjusters frequently try to minimize payouts. Your attorney will negotiate aggressively to secure fair compensation.
• Managing deadlines – Personal injury claims have strict time limits. Your lawyer ensures all paperwork is filed correctly and on time.
• Maximizing your recovery – An experienced attorney understands the full value of your claim and will fight to recover all damages you’re entitled to receive.
• Providing peace of mind – Dealing with injuries while handling a complex legal case creates tremendous stress. Your attorney takes care of the details so you can focus on healing.

Take Action to Protect Your Rights

If you’ve been injured by a drunk driver, you have the right to seek compensation for your losses. The claims process can be complex, but you don’t have to navigate it alone. Contact the experienced personal injury attorneys at Brydon, Swearengen & England P.C. today for a free consultation. We’ll review your case, explain your options and fight to secure the compensation you deserve.