When a drunk driver causes a traffic accident and you sustain injuries as a result, Alabama law allows you to file an insurance claim or personal injury lawsuit. You can recover compensation for your accident-related damages, whether or not your case goes to court.
Our DUI lawyers in Birmingham represent victims of accidents caused by negligent motorists who were driving under the influence (DUI). If you or a loved one has been injured, we can protect your rights and guide you through your claim in pursuit of compensation.
A driver argues with a police officer over a breathalyzer test. A Birmingham DUI attorney can help if a drunk driver caused an accident that injured you.
Damages You Can Recover in a Birmingham DUI Accident Case
If you were hurt in an accident caused by drunk driving, a DUI attorney in Birmingham from our law firm can help you recover damages. If you choose to work with us, we will seek to recover a payout for the damages we document during our investigation.
Damages you can recover may include:
- Current and future medical care related to your injuries
- Lost wages and diminished earning capacity
- Pain and suffering
- Mental anguish
- Property damages, including any repairs needed for your vehicle
- Wrongful death damages
- Any relevant out-of-pocket expenses
In some cases, a DUI may also be a felony. When a judge believes a drunk driver’s negligence needs to be punished in civil court, you may also be able to recover punitive damages. This is a rare type of damage that serves as a way to penalize the drunk or impaired driver for acting in a grossly negligent way.
How Much Is Your DUI Accident Case Worth?
During your free consultation, you can discuss the details of your case with an experienced DUI attorney. To determine the value of your case, we will need to know:
- The extent of your injuries
- Whether you are healed or still recovering
- If your car was damaged in the accident
- Any accident-related expenses you encountered
We can review your case to give you a better understanding of how much your case is worth. Multiple injuries could increase the value of your case. For example, a client of ours was injured by a drunk driver and suffered several fractures: back, ribs, arm, leg, pelvis, and hip. We successfully settled that case for $650,000.
How Insurance Companies Handle DUI Cases
Our Birmingham DUI lawyers have experience dealing with insurance companies. It’s common for the defendant’s insurer to use tactics like:
- Telling the judge alcohol has no relationship to your injuries
- Denying any injury all together
- Denying your initial claim amount
- Contacting you after the accident and using anything you say against you
- Offering you a lump sum of money upfront that is much less than the value of your total losses
Insurance companies have a responsibility to offer the plaintiff the policy limits in return for the full release of their insured. Our law firm can communicate with the insurer on your behalf and negotiate with them if your claim gets denied.
How Our Alabama Car Accident Lawyers Can Help You
Working with a DUI lawyer in Birmingham can help your case. Our lawyers can handle legal responsibilities while you concentrate on your recovery. This can include:
- Pursuing the best compensation
- Handling all communications and casework
- Collecting evidence from the accident and of your damages
- Negotiating and running interference with insurance companies
- Representing you in court
If your family member was killed in a DUI accident, our team of compassionate wrongful death lawyers in Birmingham may be able to help you pursue compensation. By filing a wrongful death claim, the defendant can face more severe charges and you can get justice for your loved one.
The Difference Between a Civil Case and a Criminal Case
Alabama Code §32-5A-191 is the criminal statute that makes it illegal to drive while under the influence of alcohol, drugs, or any other impairing substance. Under this law, if you have a blood alcohol content (BAC) of 0.08% or above, or if you are impaired to the point that you are incapable of driving safely, you can be arrested for DUI.
Drunk driving is a criminal offense. If the driver who caused your accident was charged with a DUI, they will face criminal charges. Your personal injury case is a completely separate matter.
Recovering compensation on your behalf is a civil matter. While we can use the evidence gathered in the criminal case to support our claim, we do not have to prove the at-fault driver was drunk or impaired.
Do All DUI Accident Cases Go to Court?
Our Birmingham DUI lawyers can help you pursue compensation through an insurance claim or a personal injury lawsuit. Most often, DUI accident cases settle out of court. Only about 5% of personal injury lawsuits go to court.
We will negotiate for the payout your case warrants. If a suitable amount cannot be reached, our law firm will represent you in court.
Our Birmingham DUI Lawyers Can Help Prove Negligence
To show the other driver was liable for your accident, you need to prove negligence. To accomplish this, you need to show:
- The driver owed you a duty of care, such as obeying traffic laws.
- The driver failed to uphold that obligation, such as running a red light.
- Their failure caused the accident and your injuries.
- You suffered physical injuries and financial losses.
Accordingly, if a drunk driver ran a red light and hit your car, we do not need to prove that they were drunk to establish their negligence—simply that they ran the red light. Our DUI attorneys in Birmingham can investigate the cause of your accident and gather evidence to prove your claim.
How Much Does a Birmingham DUI Attorney Cost?
After suffering injuries in an accident, you may be concerned about the cost of legal care. The good news is our firm operates on a contingency fee basis with no up-front cost to our clients. We only take payment if our clients receive a settlement or award in court.
Our fee is paid by a percentage of your settlement or court award. That means you don’t make any out-of-pocket payments for our services. If we can’t win your case, you don’t pay us anything at all.
Alabama Statute of Limitations for DUI Accidents
According to Alabama Code §6-2-38, you have two years from the date of your accident to file a personal injury lawsuit in civil court. If the two-year limit passes, we may not be able to take the drunk driver to court or receive a just claim from their insurance company, even if the evidence against the drunk driver is strong.
Do not wait to contact our office about your case to ensure we do not miss any important deadlines. We can protect your right to file a civil suit.
We Are Ready to Take On Your DUI Accident Case
You don’t need to face this process alone. Morris Bart, LLC lawyers in Birmingham can hold the drunk or impaired driver accountable and recover compensation for your expenses and losses.
Reach out to us for a free consultation. A member of our team can answer your questions and give you options for moving forward today.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
