I Got Hit By a Drunk Driver, What Am I Entitled To?

A drunk driving crash can wreck more than just your vehicle. It throws your life off track—your body hurts, bills pile up, and the emotional stress is real. After something like that, it’s only natural to ask, “I got hit by a drunk driver, what am I entitled to?” In Nevada, you may be able to recover costs for medical care, lost wages, damage to your car, and the pain you’ve been forced to live with since the crash. And if the driver’s behavior was especially dangerous, you could also be entitled to punitive damages.

At Cloward Trial Lawyers, we fight hard to make sure drunk drivers are held fully responsible and help you pursue the full compensation you’re legally entitled to. Contact a Las Vegas drunk driving accident attorney for legal support. 

Contact a Las Vegas Drunk Driving Accident Attorney

Schedule a consultation call us now

I Got Hit By a Drunk Driver, What Am I Entitled To Legally?

Economic Damages

These are the direct financial losses from your accident:

• Medical expenses: Costs related to emergency care, surgeries, medications, rehab, and long-term treatment
• Lost wages: Income lost due to inability to work, including future earning potential
• Property damage: Vehicle repairs or replacement, and any other damaged personal property

Non-Economic Damages

These reflect the emotional and physical toll the crash has had on your life:

• Pain and suffering: Covers both physical discomfort and psychological trauma
• Loss of enjoyment of life: If your ability to participate in daily or recreational activities has been impacted
• Emotional distress: Especially relevant if PTSD, anxiety, or depression has followed the crash

Punitive Damages

These are awarded when the drunk driver’s actions are deemed especially reckless or malicious. In Nevada, this may apply when there’s a high BAC or repeat DUI history, to punish the driver and deter others from similar conduct.

Is the Drunk Driver Automatically at Fault in Nevada?

Not always, but Nevada law strongly favors victims in drunk driving cases. Driving under the influence is considered a breach of a driver’s “duty of care,” and when that breach causes injury, it can establish liability under negligence per se.

To prove fault in a civil case, you must show:

• A duty of care was owed (all drivers have this duty)
• That duty was breached by driving under the influence
• The breach directly caused your injuries or damages

In most DUI crashes, fault is assumed, but civil claims still require clear documentation. According to DUI Driving Laws, establishing causation between the DUI and the crash is key, even if criminal charges are already in play.

How Insurance Companies Handle Drunk Driving Claims

Insurance companies are not on your side—even when drunk driving is obvious. They may accept liability faster, but often attempt to minimize payouts by undervaluing pain and suffering, delay claim processing under the pretense of further investigation, and press for quick settlements before you understand the full extent of your injuries.

Some insurance policies exclude certain DUI-related damages, especially in claims involving underinsured or uninsured drivers. If multiple vehicles or victims are involved, coverage may be split across several parties.

That’s why a lawyer familiar with Las Vegas drunk driving claims can make all the difference. We don’t just push for fair settlements—we calculate the full cost of your long-term recovery.

What to Do if a Drunk Driver Hits Your Car

The first moments after a crash matter. Follow these steps to protect yourself:

1. Call 911 immediately: Get medical help and request law enforcement. Let officers know you suspect the other driver is impaired. 
2. Submit to Medical Evaluation: Even if you feel fine, injuries from car crashes can be delayed or internal. This evaluation creates essential medical records that support your claim.
3. Gather Evidence: Take photos, get witness names, record details like license plates, damage, time, and weather. If possible, record slurred speech or unusual behavior that indicates intoxication.
4. Know Your Rights Under Implied Consent: Nevada’s Implied Consent Law allows officers to perform BAC tests. If the drunk driver resists testing, that resistance can be used as evidence of guilt.
5. Speak with an Attorney: Before contacting the other driver’s insurance company, consult with a lawyer who understands DUI accident litigation. You may be entitled to more than what the adjuster offers.

Contact a Las Vegas Drunk Driving Lawyer Today

When someone’s careless decision to drive drunk leaves you injured, confused, and asking, “I got hit by a drunk driver, what am I entitled to?”, the last thing you need is an insurance company minimizing your pain.

Call 702-605-5000 to connect with a Las Vegas drunk driving accident lawyer from Cloward Trial Lawyers. We’ll help you take back control, hold the drunk driver accountable, and demand the compensation you’re legally entitled to. Schedule a free consultation today.