Legally, you don’t need to hire an attorney to file a DUI claim — you’re well within your rights to negotiate with the insurance company yourself. However, hiring a DUI accident lawyer offers you many benefits.

To successfully claim compensation, you need to meet a burden of proof — that the drunk driver owed you a duty of care and breached that duty through reckless or negligent conduct and that this conduct resulted in damages. You need strong evidence, which our DUI lawyers in Greenville, SC, can help you collect.

Many Greenville residents think they can keep more compensation by going it alone, but hiring an experienced attorney often results in a much higher settlement, even after paying legal fees.

Insurance companies are shrewd and stubborn, resorting to many tactics to encourage accident victims to settle for less than their claim is worth. Our drunk driver accident lawyers are wise to these tactics and will negotiate a fair offer. We’re also not afraid to take your case to trial if you have a strong case and are entitled to more compensation.

You’re entitled to multiple damages as part of your DUI claim.

These include economic damages, including past and future medical bills, lost wages, and property damage. For example, suppose a DUI accident causes considerable damage to your car and results in injuries that require surgery and prevent you from working for several months. In that case, you’re entitled to recover the wages you’ve lost during that time, the cost of your surgery and other treatment, and the cost of repairing your vehicle.

You may also be entitled to additional damages for your pain, suffering, and mental anguish. These are typically calculated by applying a multiplier — a number between one and five — to your total economic damages. The more severe your injuries and their impact on your life, the higher the multiplier and the more compensation you will receive.

Most cases result in a settlement between parties and avoid going to court, but there is a third type of damages you may receive if you go to trial. Punitive damages are at the discretion of a jury and may be awarded to punish the defendant for their behavior. Because a DUI is a particularly egregious offense and entirely preventable, punitive damages may be awarded to signal that such conduct won’t be tolerated and deter other drivers from getting behind the wheel after a drink.

If you wish to claim compensation after a DUI accident, you must do so within a specific time limit. This is called the statute of limitations, which differs by state. In South Carolina, the statute of limitations is three years, which means you must start the legal process within three years from the date of your accident.

If you do not claim within this time, you release the responsible party from liability and cannot pursue compensation. However, there are exceptions, so it’s recommended to speak to a Greenville DUI lawyer to see if they apply to you.

Unfortunately, DUI accidents are common in South Carolina. Of course, many of these accidents are also avoidable.

According to the 2020 South Carolina Traffic Collision Fact Book, one person was killed in a DUI collision every 27.9 hours. More non-fatal DUI collisions also happened in Greenville than in any other county in the state. In 2020, 620 non-fatal incidents occurred in Greenville. To put that into context, the average number of DUI collisions across all counties was just 116.5 (based on 5,362 total collisions across 46 counties).

If you’re relying on a compensation payout to cover your bills, especially if you’re unable to work, you may wonder how long it takes to settle a DUI claim.

Unfortunately, the answer to that question depends on several factors.

If you have a strong case with clear evidence proving the other party was responsible, you may come to an agreement relatively quickly. However, waiting a little longer to negotiate a better settlement can be worthwhile, as insurance companies often lowball you early in exchange for a faster outcome.

Your injuries can also impact how long your claim will take. If you have severe injuries, your DUI accident lawyer will likely recommend waiting until you reach what is called maximum medical improvement. This is when you have either fully recovered or when any additional treatment is unlikely to improve your condition further. For example, if you are partially paralyzed due to a spinal cord injury, you will never fully recover, but you may be able to recover some function after extensive rehabilitation. Your South Carolina DUI accident lawyer will recommend waiting until this point to settle so they understand how severe your injuries are and can recover a settlement that will fairly compensate you. If you settle early and your injuries worsen, or if you need additional treatment not accounted for in your settlement, you will not be able to recover more compensation, as you’ll have already signed the paperwork and released the party from liability.

Your DUI lawyer in Greenville, SC, can advise you on how long it may take to settle your claim based on the specifics of your case. If you’re worried about paying your medical bills in the meantime, speak to your attorney — they can arrange for your medical costs to come out of your settlement once agreed upon.