KEY TAKEAWAYS:
It’s important to choose an attorney who has represented injured victims by a drunk driver and understands the legal issues involved in DUI-related injury claims. They need to know how to investigate the crash, gather evidence, calculate damages, negotiate with insurers, and prepare for litigation, if necessary. When you’re deciding whether to hire an attorney, be sure to ask the right questions. Discuss the attorney's case experience, communication practices, legal fees, and approach to settlement negotiations. It’s also critical that you know how Virginia’s strict contributory negligence rule affects your claim.
If you were injured in a vehicle accident caused by a drunk driver, you may wonder if an attorney can help you. After all, if the police report showed the at-fault driver was intoxicated, it should be easy to prove they’re guilty, right? You may also be concerned that lawyers are too expensive, and why spend the money when it’s obvious you’re the victim? 
The attorneys at Dulaney, Lauer & Thomas understand that most people don’t expect to be in a car accident, and they don’t really know the advantages of hiring an attorney to represent them if they are. Here, they discuss the benefits of having legal representation when you’re injured by a drunk driver.
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What a Drunk Driving Accident Attorney Can Do for Your Case
Hiring an attorney means more than having someone negotiate with an insurance adjuster. A lawyer should evaluate the circumstances of your crash, identify potential sources of compensation, and develop a strategy based on your injuries and financial losses. Our attorneys explain the critical factors when investigating a drunk driving accident.
Investigate the Crash and Gather Evidence
Even if the at-fault driver was drunk and/or arrested, that doesn't automatically establish every element of a personal injury claim. Your attorney must connect the driver's negligence to the collision and demonstrate how the crash caused your injuries. A thorough investigation may involve obtaining police reports, reviewing available blood alcohol test results, interviewing witnesses, and preserving traffic camera footage. Your lawyer may also consult accident reconstruction professionals when the circumstances of the collision are disputed.
Calculate Your Losses and Handle Insurance Companies
Medical bills tell only part of the story. An attorney should evaluate lost wages, future medical needs, reduced earning capacity, pain and suffering, and other compensable losses.
Your lawyer can also manage insurance communications, review settlement offers, and challenge attempts to undervalue your injuries. If negotiations fail, counsel should be prepared to discuss litigation and represent your interests in court.
The Experience You Need From a Virginia Drunk Driving Accident Lawyer
Not every personal injury attorney has handled cases involving intoxicated drivers. While it’s important that they have general car accident experience, drunk driving collisions can raise additional questions about criminal proceedings, evidence preservation, and punitive damages.
When you first consult with a prospective attorney, ask about their experience representing injured victims—not merely defending people charged with DUI. These are different areas of legal practice with different objectives.
A lawyer familiar with Virginia personal injury law should also understand the state's strict contributory negligence rule. If an injured person is found to have contributed even 1% to an accident through their own negligence, that finding can generally prevent recovery, even when the other driver bears most of the responsibility. Your attorney should recognize and understand this and explain how it could affect your claim.
Questions to Ask Before Hiring an Attorney
An initial consultation offers more than an opportunity to describe your injuries. It's your chance to determine whether the lawyer has the experience, resources, and communication style your case requires. Consider asking the following questions:
- Have you handled drunk driving injury claims in Virginia? Ask about comparable cases and the challenges involved, without expecting promises about your outcome.
- Who will personally handle my case? Find out whether you'll communicate directly with the attorney or primarily with support staff.
- How will you investigate the collision? Look for a clear explanation of evidence gathering, liability analysis, and documentation of damages.
- What happens if the insurance company refuses a fair settlement? Ask about litigation experience and how the firm decides whether to recommend filing a lawsuit.
- How are attorney fees and case expenses handled? Request a written explanation of the contingency fee, litigation costs, and your financial responsibilities.
Pay attention to how the attorney answers. Clear explanations and realistic expectations can reveal more about the working relationship than an impressive advertisement.
What Warning Signs Should Make You Reconsider Hiring a Lawyer?
Choosing counsel shouldn't depend solely on advertising, promises, or how quickly someone agrees to take your case. Watch for these warning signs:
- Guaranteed settlement amounts. No attorney can responsibly promise a particular recovery before evaluating the evidence and legal issues.
- Pressure to settle immediately. Your lawyer should consider the extent of your injuries and potential future treatment before recommending a resolution.
- Unclear fee arrangements. You should understand how fees and expenses are calculated before signing an agreement.
- Poor communication. Difficulty obtaining straightforward answers during the consultation may signal future frustration.
Trust also matters. You should feel comfortable discussing your medical condition, financial concerns, and expectations without feeling rushed or dismissed.
