After suffering damages in an accident caused by a drunk driver, you have the right to pursue compensation for your losses. Drunk driving is incredibly dangerous and irresponsible, and those who get behind the wheel while intoxicated need to be held accountable. Fortunately, an experienced drunk driving accident lawyer in Baton Rouge can help.
If you or a loved one suffered injuries in a collision caused by an intoxicated driver, the legal team at Fisher Injury Lawyers is here to help. We will build a strong case to support your claim and use every available resource to help ensure you recover the money you need and deserve.
Contact us today to set up a free case review with one of our Baton Rouge car accident lawyers.
How an Experienced Drunk Driving Accident Attorney in Baton Rouge Can Help With Your Case
When you hire one of our Baton Rouge personal injury lawyers, we can take several steps to help get you compensation for your losses. We will work diligently to help ensure a positive outcome to your case. We will begin by launching our own investigation into your accident to gather evidence and prove liability.
Some of the steps we will take as part of this investigation include:
- Visiting the accident scene to take pictures, note important details, identify potential witnesses, and gather any available evidence, including video footage of the crash
- Interviewing eyewitnesses and recording their testimonies
- Obtaining the official police accident report
- Reviewing your medical records related to the injuries you sustained
- Consulting expert witnesses
Once our initial investigation is complete, we will begin building your case as we prepare for a potential trial. Throughout this process, we will also be in continued negotiations with opposing counsel or the liable party’s insurance provider, attempting to reach a fair settlement agreement.
If a settlement cannot be reached, we will take your case to trial, where we will present arguments supporting your claim and fight to secure the compensation you need and deserve.
For a free legal consultation with a drunk driving accident lawyer serving Baton Rouge, call 225.766.1234
Compensatory Damages Available
After a car accident caused by a drunk driver, there are a variety of compensatory damages you will likely be eligible to pursue from the liable party.
To recover the full value of your claim, it is critical that you identify all the damages that apply. An experienced drunk driving accident attorney serving Baton Rouge can help you determine which damages are available.
Compensatory damages are divided into the categories of economic and non-economic damages.
Economic Damages
Economic damages cover all the financial losses you sustained as a result of your accident. The money awarded for these damages is meant to equal the amount of money you lost or were forced to spend dollar for dollar. Some of the most commonly awarded economic damages following a drunk driving accident include:
- Property damages
- Lost wages
- Decreased earning capacity
- Medical expenses
- Future medical costs
- Necessary modifications to your home or vehicle to accommodate a disability
Recovering medical expenses in Louisiana is complicated as some expenses may be fully recoverable while others are only recoverable in part. An experienced drunk driving accident lawyer serving Baton Rouge can help you determine the specific medical expenses you can pursue.
Non-Economic Damages
Non-economic damages compensate accident victims for the losses they sustained that were more personal. Because these losses often have a profound effect on your quality of life, the money awarded for non-economic damages tends to make up the bulk of the money recovered.
Some of the most commonly awarded non-economic damages following a drunk driving accident include:
- Loss of consortium
- Loss of companionship
- Pain and suffering
- Emotional distress
- Mental anguish
- Permanent disability
- Scarring and disfigurement
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Uninsured and Underinsured Motorist (UM/UIM) Coverage
Louisiana law allows victims to pursue compensation through uninsured/underinsured motorist (UM/UIM) insurance if the drunk driver is uninsured or lacks sufficient coverage. Louisiana requires insurers to offer UM/UIM coverage, but policyholders must reject it in writing to opt out.
Our Baton Rouge drunk driving accident lawyers can review your policy to determine whether UM/UIM coverage applies to your case and help you recover compensation even if the at-fault driver is uninsured or flees the scene.
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Punitive Damages Are Commonly Available in Drunk Driving Accident Cases
While punitive damages are not available in most personal injury cases in Louisiana, they are allowed for cases involving intoxicated drivers under Louisiana Civil Code Article 2315.4.
Accidents caused by drunk drivers typically meet the criteria for these damages, as they are reserved for cases involving wanton or reckless disregard for the safety of others by an intoxicated driver.
Unlike compensatory damages, which focus on compensating an accident victim for the losses they incurred, punitive damages aim to punish the liable party and discourage similar behavior in the future.
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Drunk Drivers Can Face Legal Action in Both Civil and Criminal Courts
In Louisiana, drunk driving laws allow for prosecution for DWI of persons who are either under the influence of alcohol and/or drugs and who are driving with a blood alcohol content of .08% or more.
When alcohol use causes or contributes to an automobile or other accident that injures another, the victim or their surviving family members in a wrongful death action may recover punitive damages designed to punish the wrongdoer.
Even if the drunk driver is found not guilty in criminal court, you may still be able to win your case against them in civil court and recover the compensation you need.
The burden of proof in civil court is lower than in criminal court. Instead of having to prove fault beyond a reasonable doubt, you simply need to show that the at-fault party is more likely than not to be to blame.
Deadline for Filing a Lawsuit After a Drunk Driving Accident
When attempting to recover compensation through a drunk driving accident lawsuit, you must pay attention to all applicable deadlines. In Louisiana, the personal injury statute of limitations was changed on July 1, 2024.
Under Louisiana Civil Code Article 3493.1, victims of accidents occurring on or after July 1, 2024, generally have two years to take legal action. For crashes before this date, the previous one-year deadline still applies.
It’s essential to understand that exceptions may also apply to your case that could alter the amount of time you have to file a lawsuit. Speaking to a drunk driving accident lawyer in Baton Rouge soon after your accident is the best way to avoid any surprises and ensure you have all of the required paperwork submitted on time.
Hiring an attorney as soon as possible has the added benefit of putting them in the best position to build a strong case in support of your claim.
By getting started early, they will be better able to collect evidence that supports your claim before it is lost or compromised. Furthermore, they can record witness testimony while their memories of the event are still clear.
The Cost of Hiring a Drunk Driving Accident Lawyer to Help You Pursue Compensation
One of the biggest concerns people have when it comes to hiring a lawyer to help with their personal injury case is whether they can afford to do so.
The good news is that the Baton Rouge drunk driving accident lawyers at Fisher Injury Lawyers get paid on a contingency fee basis, which means that you won’t owe us a penny unless we recover money on your behalf.
We don’t charge a fee to retain our services, nor do we bill clients at an hourly rate. Instead, we will collect a single fee at the end of your case, which will only be paid if we can get you compensation for your losses. If we are successful in recovering damages on your behalf, the fee we receive will be paid directly from the money recovered at a fixed percentage.
By not charging our clients upfront and only collecting a fee if we win, we are able to provide experienced legal representation to any accident victim, regardless of their financial situation.
Wrongful Death Resulting from a Drunk Driving Accident
Unfortunately, deaths occur at a high rate in drunk driving accidents. If your loved one was killed in a drunk driving accident, you may be eligible to file a wrongful death claim. This claim will allow you to recover additional damages not available in typical personal injury cases, like funeral and burial expenses.
When pursuing a wrongful death lawsuit, you must realize that the Louisiana statute of limitations for wrongful death is only one year as opposed to the two-year deadline that applies to standard personal injury cases. Be sure to act quickly to protect your right to pursue damages.
The Insurance Company Is Not on Your Side
When attempting to recover compensation following a drunk driving accident, it is important to remember that insurance companies are not on the side of injury victims.
While these companies tend to portray themselves as friendly neighbors ready to lend a helping hand, the fact is that these are big businesses that consistently put profits before people.
Insurance adjusters are taught a whole range of tricks to use against claimants to help them deny or devalue claims. The best way to protect yourself against these tactics is to decline to speak with any insurance representatives until you have secured legal representation.
Once you hire a Baton Rouge drunk driving accident attorney, the insurer will need to direct all communication through your lawyer. Your attorney will serve as your shield, protecting you from attacks and forcing the insurer to play fair. By having a legal professional on your side, you will greatly improve your odds of recovering the money you need and deserve.
Pure Comparative Negligence in Louisiana
Louisiana follows a pure comparative negligence model, meaning that you can pursue compensation even if you were partially at fault for the crash. However, your compensation will be reduced by your percentage of fault under Louisiana Civil Code Article 2323.
While the comparative fault model allows you to pursue compensation if you share the blame for the crash, the amount you can claim will be reduced accordingly. For example, if you were 10% to blame, you would only be able to recover 90% of the full value of your losses. That means that if your losses are valued at $100,000, the most you can recover is $90,000.
While a drunk driver may have been primarily to blame for your accident, you could share a level of fault for causing the crash in various ways, such as speeding, failing to come to a complete stop at a stop sign, or failing to signal.
Most Drunk Driving Accident Cases Settle Out of Court
When pursuing damages after a crash caused by a drunk driver, you need to understand that these cases are generally settled out of court. Only a small percentage of cases go to trial, as settling is typically in the best interest of all parties involved.
By negotiating a settlement deal, you will be able to recover the compensation you need far more quickly than would be possible if you filed a personal injury lawsuit. The liable party will likely be eager to settle.
The quicker they can resolve their civil suit, the more they can focus on their criminal trial, where the potential consequences of a conviction can be severe.
However, even though your case is likely to settle, it is still essential that you hire a lawyer with plenty of experience in the courtroom and a history of securing positive outcomes for their clients.
There is always the chance that the at-fault party will be unwilling to agree to a fair deal, necessitating a trial. Furthermore, being ready for court will give you leverage in negotiations.
Reach Out to an Experienced Drunk Driving Accident Lawyer Serving Baton Rouge Today
If you or a loved one or friend has been injured as a result of the negligence of an intoxicated person, immediately contact the legal team at Fisher Injury Lawyers. We have over three decades of experience and have recovered over $180 million for our clients. Put us to work for you.
Get started by giving us a call, completing our online contact form, or using our convenient chat tool to schedule a free case evaluation with a member of our legal team. We’ll review the details of your case, answer your questions, and advise you of your legal options.
Call or text 225.766.1234 or complete a Free Case Evaluation form