Is my settlement worth more if the at fault driver was drunk?

I would consider a settlement of $15-$20,000 for a torn rotator cuff to be extremely low. You did not specify the nature of the injury to your shoulder.

Your daughter's injuries may require court approval to settle.

You are making a serious mistake by attempting to deal on your own with the insurance carrier. You should not give them a statement nor give them access to your medical records or your daughter's medical records without first speaking with an attorney.

I would recommend that you arrange a free consultation with a personal injury attorney and see whether or not the attorney is in a position to undertake your representation and the representation of your daughter. If you are married, your husband also has a claim. The fact that there was extreme intoxication in this case may also help give rise to a claim for punitive damages, depending upon other factors surrounding the accident. Do Not Delay in Seeking Counsel.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

I'm sorry to hear about your accident. The fact that the other driver was drunk or cited for DUI may have an impact on your settlement amount, but it really depends on the facts of your case and whether the defendant is accepting responsibility for causing the accident. The amount of your settlement is based on many different factors (too many to address here), including the individual facts of your case and the extent of your injuries and need for past and future medical treatment. I'd be happy to discuss your case for free, or you may visit our website to request some free information about the insurance claims process and how accident claims are valued.