Personal Injury Claim: Should I Hire An Attorney For a DUI or OWI  Crash?

If you’re the victim of an Operating While Intoxicated (OWI) or Driving Under the Influence (DUI) crash and are wondering if you should settle for what the other driver's insurance company is offering you, you may want to speak with a OWI or DUI attorney before you do. The use of alcohol can be – and often is – considered an aggravating circumstance in a personal injury claim. Hiring a OWI or DUI attorney is the best way to ensure you receive every penny you are entitled to.

A reputable attorney will be able to analyze the events surrounding the accident to determine how much you are realistically entitled to. This number is often times much different than what the insurance company initially offers.

Should the insurance company not be willing to budge, your attorney will most likely file a lawsuit with the intent of presenting your case to a judge. Many times, once a lawsuit has been filed, insurance companies will agree to large settlements to avoid the courtroom. If the insured is convicted of an OWI or DUI, judges have a tendency to side more with plaintiffs (aka: you) than defendants (aka: the insurance company).

If you were personally injured by a driver who was under the influence, you need to build your case fast. As soon as the accident occurs, write down every detail you can think of, including:

•  Names
• Addresses
• Phone numbers
• Insurance company names and policy numbers
• Police report numbers

Take pictures of where the accident took place, and notate down how the accident happened. Take pictures of your injuries, as well as damage to your property. You’ll also want to keep a detailed record of all of your medical costs, including deductibles, co-pays, prescription medications and physical therapy, if applicable.

While it may be tempting, do NOT reach out to the other driver's insurance company on your own. This can actually hurt a potential case on your behalf quite considerably since anything you say can – and will – be used should your case actually make it to court.  

OWI or DUI attorneys are well-versed in this area of law, and will be able to build a case that’s built around the 3 main pillars of personal injury cases: liability, causation, and damage. Since driving under the influence is never legal, liability and causation are already established. All that’s left is to prove damage. An attorney can piece all of this information together so that you benefit from the most favorable outcome, which includes compensation for your injuries and damages, as well as pain and suffering.

If you live in the Sioux City area and were injured in an OWI or DUI accident, the attorneys at Fitch and Stahle Law Offices are here to help. Contact us today to schedule your free consultation.