3 FAQs About Building a Drunk Driving Accident Claim

June 3, 2022
drunk man behind wheel

Whenever someone gets behind the wheel while under the influence of alcohol, they threaten the lives of those in traffic around them. Sadly, this risk isn’t enough to deter millions of people from driving drunk.

If you were struck by an impaired motorist and your life has been forever changed, it’s only natural to want justice. Thankfully, you may be able to hold the drunk driver responsible for all your injury-related expenses.

By filing a car accident claim, you may be able to recover compensation for both your economic and non-economic damages. First, however, you’re going to have to put together a compelling case.

If you’re wondering what that entails, read on. Here are the answers to some of the most frequently asked question about building a drunk driving accident claim:

1. Do I Need to Hire a Personal Injury Attorney to File a Claim?

While injured parties are entitled to represent themselves, most have enough to worry about without having to navigate complex legal proceedings. As such, it’s advisable to hire an attorney. Enlisting help will free you up to focus on your recovery while your case moves forward in capable hands.

As long as you turn to a reputable firm, you can expect your personal injury lawyer to do the following:

  • Investigate the circumstances surrounding the accident,
  • Compile evidence of liability,
  • Handle all correspondence with the opposing party,
  • Track recoverable damages,
  • Negotiate for a settlement, and
  • Prepare your case for trial if negotiating proves futile.

2. How Can I Prove the Drunk Driver Is Liable?

In order to secure a payout, you’re going to have to convince the insurance adjuster that the drunk driver was to blame for the crash. While evidence of impairment—e.g., toxicology reports—will be valuable, that’s not necessarily enough to pin liability on them.

You’re also going to have to present evidence that the collision wouldn’t have occurred had the other driver acted with reasonable care. This might include:

  • Dash camera footage,
  • Surveillance recordings,
  • Eyewitness testimony,
  • Statements from accident reconstruction experts,
  • The official police report, and
  • Photographs of the scene.

3. What Kinds of Damages Should I Be Tracking for My Claim?

In your drunk driving accident claim, you can only seek compensation for damages recognized under tort law. Thankfully, South Carolina recognizes virtually all injury-related losses, including:

  • Medical bills,
  • Pain and suffering,
  • Lost income,
  • Lost earning capacity,
  • The cost of reasonable and necessary replacement services,
  • Property repairs,
  • Home and vehicle modifications,
  • Anxiety and depression,
  • Mental anguish,
  • Psychological trauma,
  • Disfigurement, and
  • Diminished quality of life.

If you’re unsure how to demonstrate the extent of your damages, don’t worry; a resourceful attorney can help. Your legal team will preserve all relevant invoices, bills, and receipts. They’ll also help you prove non-monetary losses using evidence like journal entries, statements from loved ones, and psychological evaluations.

Speak with a South Carolina Drunk Driving Accident Attorney

Was every aspect of your life derailed by an impaired motorist? For help holding them accountable, turn to Hodge & Langley Law Firm.

Our strategic team has more than 50 years of collective experience in the legal field, and you can be sure we’ll put it to work for you. Call 864-585-3873 or complete our Contact Form to schedule a free initial consultation with a drunk driving accident lawyer in South Carolina.



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