Its mostly estimated by the amount of your medical bills, injuries and pain suffering amongst other things.
Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
If the person that hit you was DUI then they are liable not only for damages to compensate you for your injuries but also damages to punish him or punitive damages. The amount of those punitive damages depends on other factors such as whether the person had any DUIs in the past and his blood alcohol level. You should talk to your attorney about this. In the event you wish to contact me then I can be reached at 404 812 4300. Good luck.
Generally you are entitled to past and future medical expenses, lost income and pain and suffering caused by the collision. Without seeing your medical records and bills, wage loss information and knowing the impact on your quality of life, it would be difficult to give you even a rough estimate. Your lawyer should advise you on this.
You may also be entitled to punitive damages since the man was DUI.
It is impossible to give you a ballpark figure of what your claim is worth without know the extent of your injuries, your medical bills, your lost wages, and the facts of the incident.
The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.
Without knowing full details, I cannot give you any estimate. Even if you have minimal medical expenses and lost wages, and minor pain and suffering, your claim should have decent value based on your punitive damages (punishment claim). It's important to determine just how drunk the other driver was; was he transporting minor passengers; is it a first or second or third DUI; did the driver leave the scene; did he or she struggle with police or act abusively toward you; was the other driver on-the-job; did the collision occur in a crowded area or low speed zone; was he speeding, etc.
Of course, ask your attorney how he or she assesses the value of your claim.
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