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Is My Case Worth More Because the Defendant Was A Drunk Driver?

Q: I was hit by a drunk driver. Will the fact that the other driver was arrested for DUI make my case worth more?

A: Yes, if you were injured in an accident involving a drunk driver, the value of your personal injury case is greater. Under California law, the defendant being a drunk driver entitles you to make a claim for punitive damages. Punitive damages are meant to punish the defendant and deter drunk driving. Jurys don’t like drunk drivers, and they can express their discontent in their verdict rendered against the drunk driver. Insurance companies know that jurors may punish the defendant in their verdict, and thus to avoid a harsh trial verdict, insurance adjusters are likely to pay more to settle the claim.

Additionally, the defendant being a drunk driver entitles you to make a separate claim for restitution through the criminal court system. That means that you are entitled to have a judge in the defendant’s criminal case order the defendant to reimburse you for economic losses you suffered due to the accident (medical bills, lost wages, property damage, etc.).

At McGee, Lerer & Associates, when we take on a case involving a DUI defendant, we know that the case is automatically worth more. We will use the fact that the defendant was a drunk driver to extract the maximum value on your case. If you were injured by a drunk driver, contact our firm for a free consultation. We will explain your rights. If you decide to hire our firm, you pay us nothing up front. We get paid out of the settlement, at the conclusion of the case. Read more about how our fee works and see a sample settlement breakdown here.

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