Legal Question in Personal Injury in Wisconsin

Re: Personal injury from MVA

The sentence in a criminal case is totally independent of the civil case. In addition the amount offered in settlement of a civil case is the amount the insurance company is willing to pay rather than to decide to go to trial. This decision by the insurance company should be based on what a jury would award at a civil trial, but it may be based instead upon the attitude of the particular insurance company. That is to say the insurance company may be trying to bully you into settlement hoping that YOU won't want to go to trial.

As a corollary, one might expect that the more egregious the conduct of the drunk driver and the greater injury to the victim would mean there would be a stiffer criminal penalty and larger jury award (after a trial). But there is no guaranty of this.

Re: Personal injury from MVA

The damages award in your civil case may be slightly influenced by the severity of the collision and the fact that the other driver was drunk; however, the majority of the damage award depends upon the significance of your damages. In other words, if your damages are $10,000.00 in this collision, the fact that the other driver is drunk does not increase your case to be a $50,000.00 case in my opinion. The fact that the driver is drunk increases the value of your case, in my opinion, but it does not increase it dramatically. If the insurance company does not make a satisfactory offer, please consult an experienced injury lawyer for his or her opinion.

I am an experienced injury lawyer in WI. If you would like to discuss your case, please contact me. Thank you.

J D Haas

Re: Personal injury from MVA

The fact that the driver who struck you was drunk may be a factor potenially, if you can make a claim for punitive damages, in addition to the compensatory damages for your physical and emotional injuries, medical expenses, lost wages and pain and suffering. Most insurance policies exclude coverage for punitive damages, however, that should be examined in your particular case. Whether a claim for punitive damages can be made, will also depend upon numerous factors, which a good personal injury attorney can discuss with you. Just the mere fact that the other driver was drunk and cirminally convicted may not increase the value of your case, especially if your case is settled prior to starting litigation. Also, if litigation is started, a Judge may or may not allow into evidence the fact that the other driver was drunk or convicted, and you should also discuss that issue with an experienced personal injury attorney.