When a drunk driver leaves your loved one in a hospital bed, the bills arrive long before the answers. Some victims spend days or weeks in a coma. Others wake up facing months of therapy to walk, talk, or eat again. In that situation, families often feel pressure to take the first offer. However, the timing of when you settle a DUI injury claim can decide whether your family has enough money for the years ahead. This article explains why waiting to settle matters, why waiting to act does not, and why a lawyer belongs on your side from the start.
Why Settling Too Early Can Cost You
A settlement is final. Once you sign a release, you generally cannot reopen the claim, even if new complications appear later. For that reason, the full cost of a serious injury needs to be clear before any agreement.
With a brain injury or a prolonged coma, that picture can take months to develop. Doctors may not know whether a patient will regain speech, mobility, or the ability to work. Lawyers often wait until the patient reaches maximum medical improvement, the point where doctors can predict long-term needs. Only then can a claim account for future surgeries, therapy, in-home care, and lost earning capacity.
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Call (980) 246-2656Why You Should Not Wait to Hire a Lawyer
Waiting to settle is different from waiting to act. Evidence fades quickly after a DUI crash. Bar receipts, surveillance video, and witness memories can disappear within days. Meanwhile, the insurance company starts building its defense right away.
Deadlines also matter. Georgia generally allows two years from the crash to file an injury lawsuit. When criminal charges are pending, Georgia can pause that deadline for up to six years. Still, relying on that pause without legal advice is risky.
When to Settle a DUI Injury Claim for a Child
Different rules apply when the injured person is under 18. Georgia pauses the deadline on the child’s own claim until the child turns 18. However, the right to recover the child’s medical bills belongs to the parents. That claim carries its own two-year deadline from the date of injury. As a result, a family that waits for the child to grow up can permanently lose the medical bills.
Georgia law may also require a court to approve a child’s settlement above a certain amount. Your attorney can guide that process so the money stays protected for your child.
Where the Money Comes From After a Drunk Driving Crash
Many drunk drivers carry only minimum insurance, which rarely covers a catastrophic injury. Fortunately, other sources may exist:
- Your own policy: uninsured and underinsured motorist coverage
- A bar or restaurant: that served a visibly intoxicated driver who then drove
- An employer: if the driver was working at the time of the crash
Punitive damages may also apply. Georgia normally caps them at $250,000. When a driver drove while substantially impaired, though, Georgia law removes that cap against the driver.
Who Else May Claim Part of the Settlement
A settlement does not always go straight to the victim. Hospitals and other medical providers can assert liens against an injury recovery. Medicaid can also seek repayment. In fact, the U.S. Supreme Court held in 2022 that a state can reach settlement funds set aside for future medical care. Handling these claims carefully can protect more of your family’s recovery.
Why Hire a Lawyer for a DUI Injury Claim?
Catastrophic DUI cases require more than paperwork. An experienced attorney can work with doctors and life-care planners to project future needs. Your legal team can also locate every insurance policy and every responsible party. Moreover, your lawyer can handle the insurers and lienholders while your family focuses on recovery.
Talk to Shane Smith Law About Your Family’s Claim
Deciding when to settle a DUI injury claim is one of the most important choices your family will make. You do not have to make it alone. At Shane Smith Law, our team helps families protect their claims while their loved ones heal. Call 980-982-2329 today for a free consultation with a Peachtree City drunk driving accident lawyer.
