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Fight for your rightful recovery of damages after a DUI crash

On Behalf of | Mar 9, 2018 | Blog, Firm News

Drunk driving is inexcusable, and unfortunately, when DUI drivers cause crashes, the injured victims are often those who follow all the traffic laws. If you have been in such an accident, the consequences of your injuries may affect the remainder of your life. Your injuries may keep you hospitalized for months and in need of long-term rehabilitation. You might even be unable to ever return to work.

You may not be aware of the different sources of compensation that you could claim. What you need to focus on is the fact that you have legal rights, and that help is available to fight for maximum recovery of damages.

The factors that will affect your compensation

If you file a personal injury lawsuit against an alleged drunk driver, the court will consider different factors when it comes to adjudicating your documented claims. The following are some of the important aspects of DUI claims:

  • Driver’s conviction: If a criminal court convicts the driver for drunk driving, it might benefit your case. The court may see a criminal conviction as negligence per se, which would be adequate proof.
  • Modified comparative negligence: Connecticut uses the law of modified comparative negligence, which considers the culpability of all parties. If the court finds that you were partially responsible for the accident, it will allocate a percentage of negligence to you, and deduct that percentage from the awarded amount of damages. However, if your part of the negligence exceeds 50 percent, you will not receive any compensation.
  • Dram shop liability: Under the dram shop laws of Connecticut, an establishment that provided the driver with alcohol could bear some liability in your claim. However, you will have to show that the vendor intentionally sold or recklessly gave the driver alcohol.
  • The long-term effect: The nature of your injuries may lead to the need for long-term medical care and rehabilitation. The court may award damages that cover not only the medical expenses incurred after the crash but also your future medical costs.
  • Loss of income: If your accident led to mental and physical injuries that caused your inability to return to your previous job, or earn a gainful income, the value of your lost future income may form part of a monetary award.
  • Fatal injuries: If the crash led to the death of a loved one, you and other surviving family members could claim wrongful death. If such a claim is successful, you can expect a more significant reward, particularly if the deceased loved one was the breadwinner of the family.

You are not alone

Your biggest challenge may be to establish negligence when you file a DUI lawsuit. The prospect of fighting a legal battle at this challenging time may be overwhelming. However, an experienced Connecticut personal injury attorney can take over and navigate the ensuing legal proceedings on your behalf.


FindLaw Network

Verdicts & Settlements

36-year-old laborer for landscaping company fractured wrist when fellow employee hit him with truck. Claimant received in excess of $30,000 in workers’ compensation benefits for total disability and medical expenses and settled with automobile insurance company for fellow employee for $95,000.

1989 workers’ compensation claim settled for $125,000. Claimant originally sustained a low back injury when she slipped and fell at local grocery store resulting in low back surgery in 1989. Several years later, claimant exacerbated her low back injury. Claim was reopened and settled with carrier for $125,000 in 2006.

47-year-old deli clerk sustained low back injuries at work for local supermarket. Carrier originally denied claim on the grounds that the injury was pre-existing. After formal workers’ compensation hearing carrier accepted claim and paid all total disability benefits and medical expenses in excess of $100,000. Case then settled for an additional $100,000 after injured person received a permanent disability rating.

34-year-old male roofer sustained multiple injuries to his shoulder, neck, back and hip when he fell from roof during work. Claimant was provided workers’ compensation benefits in excess of $100,000 and settled remaining claims for an additional $55,000.

40-year-old male working for cleaning company sustained neck and low back injuries when he fell on defective staircase while cleaning local museum. Claimant recovered over $95,000 in workers’ compensation benefits and resolved claim against museum for $85,000.

26-year-old laborer sustained fractured foot when a cast iron pipe was dropped on his foot. Employer and workers’ compensation carrier denied claim on basis that injured worker was an independent contractor. After a series of informal and formal workers’ compensation hearings, carrier conceded that claimant was an employee and settled case for $85,000.

24-year-old waitress sustained back injury while working at Outback Steak House. Workers’ compensation insurance company initially denied the claim. After a series of informal hearings, carrier accepted claim paying medical expenses and total disability benefits. In addition to those benefits paid, claim settled for an additional $75,000.

Delivery truck driver sustained right wrist fracture in rear-end motor vehicle accident while in the course of his employment. Claimant recovered in excess of $40,000 in workers’ compensation benefits for medical expenses and total disability benefits. Claimant settled case against at-fault driver for $105,000.

22-year-old male working as stocking clerk at “big box” retailer sustained herniated disc in low back. Workers’ compensation carrier refused to accept the claim. After formal workers’ compensation, hearing commissioner ordered carrier to pay over $35,000 in past total disability benefits and pay for surgery and all related medical expenses. Case settled for an additional $35,000 for a total recovery in excess of $100,000.

Rear-end collision on entrance ramp to Merritt Parkway resulting in 49-year-old woman sustaining mid-back injury. Case settled at mediation after filing suit for $300,000.

28-year-old passenger sustained multiple herniated discs in automobile accident in New York state. New York no-fault carrier paid for extended period of disability from work and medical expenses, including expenses for surgery. Case settled against driver of vehicle for $300,000 policy limits shortly after filing suit.

54-year-old man sustains shoulder injury when hit from behind by uninsured motorist on New Jersey Turnpike. Case settled for $135,000 prior to trial.

CT Transit bus driver sustained torn meniscus in collision with another vehicle. Claims made against at-fault driver, workers’ compensation carrier and client’s underinsured motorist policy. All claims settle for a recovery in excess of $100,000.

68-year-old woman sustained neck and back injuries in rear-end collision and required extended course physical therapy, but was not a surgical candidate. Case settled for $100,000 prior to filing suit.

34-year-old woman sustained concussion and neck and back injuries in hit-and-run accident on a New York highway. Claimant settled uninsured motorist claim for her $100,000 policy limits.

80-year-old woman sustained right foot fracture when her foot was run over in a parking lot. Case settled for at-fault driver’s policy limit of $100,000 prior to filing suit.

38-year-old nanny sustained right femur fracture when she fell down defective stairs in home of her employer’s neighbor. All medical expenses and lost wages reimbursed and case settled for an additional $150,000.

Claim against landlord for defective staircase in multi-family rental house. Claimant sustained a right femur fracture. Case settled for $125,000 prior to filing suit.

$95,000 judgment obtained against bar and nightclub for assault by one of its patrons against another patron.

47-year-old woman sustained a broken left wrist when she fell from porch stairs at house she was renting. Case settled for $95,000 shortly before trial.

26-year-old male bitten on leg by German shepherd. Claim against dog owner settled for $65,000 plus payment of all medical expenses.