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Why Choose Matlin Injury Law for Your Drunk Driving Accident Claim
When you’ve been injured by a drunk driver, you need a law firm with proven experience. Matlin Injury Law brings years of success handling drunk driving accident cases throughout Castle Rock and Douglas County, Colorado.
We understand Colorado’s DUI laws and the civil liability that follows. Our attorneys have recovered substantial settlements and verdicts for clients injured by drunk drivers. We approach every case with commitment to your recovery.
We work on a contingency fee basis. You pay nothing upfront—we only collect a fee if we win your case. This aligns our interests with yours: your recovery is our priority.
Unlike large call centers, you’ll work directly with experienced attorneys. We know the Castle Rock courthouse and understand local juries. We’ve built relationships with insurance companies and opposing counsel. We’re your advocates, dedicated to fair compensation for the harm caused by drunk driving.
How Matlin Injury Law Handles Your Drunk Driving Case
From the moment you contact us, we take a comprehensive, strategic approach to your case. Our process begins with a thorough investigation to gather all available evidence.
Investigation and Evidence Gathering
We obtain the police report, which documents the officer’s observations of impairment. We collect field sobriety test results and any breathalyzer or blood test results. We interview witnesses who saw the accident or observed the drunk driver’s behavior. We collect medical records documenting your injuries and treatment. We photograph the accident scene and vehicle damage. We may also retain accident reconstruction experts to establish how the accident occurred.
Establishing Liability
In Colorado, we must prove that the drunk driver owed you a duty of care. All drivers do. We must show they breached that duty by driving impaired. We must prove this breach caused your injuries and that you suffered damages. Drunk driving cases are often straightforward on liability because impairment is objective and documented.
However, we must also address any comparative negligence. If you were partially at fault, Colorado’s comparative negligence law under C.R.S. § 13-21-111 may reduce your recovery proportionally.
Negotiating with Insurance Companies
The at-fault driver’s insurance company will attempt to minimize your claim. Insurance adjusters use tactics like questioning the severity of your injuries. They may suggest you were partially at fault or offer lowball settlements.
We handle all negotiations with insurance companies. We present evidence of liability and damages. We fight for fair compensation. Most cases settle during this phase when the insurance company recognizes the strength of our position. We understand how to deal with uninsured and underinsured motorist claims as well.
Types of Damages You Can Recover
In a drunk driving accident claim, you can recover economic damages. These include medical expenses, lost wages, property damage, and future medical care. You can also recover non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life.
In cases involving gross negligence or reckless conduct, you may also recover punitive damages. These damages punish the drunk driver and deter similar behavior. Learn more about types of damages in personal injury claims.
Trial Preparation
If the insurance company refuses to offer fair compensation, we prepare your case for trial. This includes organizing evidence, preparing witnesses, and developing legal arguments. We present your case persuasively to a jury. Our trial experience and knowledge of Castle Rock juries give us an advantage in settlement negotiations. Insurance companies know we’re prepared to take cases to trial if necessary.
Evaluating Your Drunk Driving Accident Claim
Not every accident case is the same. Understanding how we evaluate your claim helps you make informed decisions about your legal options.
How Liability is Established
In Colorado, liability in a drunk driving accident is typically straightforward. We must prove that the drunk driver owed you a duty of care. All drivers do. We must show they breached that duty by driving impaired. We must prove this breach caused your injuries.
Police reports documenting impairment, BAC results, and witness statements usually establish these elements clearly. However, we must also consider comparative negligence. If you were partially at fault (for example, if you were speeding or distracted), your recovery may be reduced proportionally under Colorado’s comparative negligence law.
Factors That Strengthen Your Claim
Several factors make a drunk driving claim stronger. A high BAC level (significantly above the 0.08% legal limit) demonstrates clear impairment. Multiple witnesses who observed the drunk driver’s behavior strengthen liability. Serious injuries documented by medical professionals increase the value of your claim.
A police report with detailed observations of impairment and field sobriety test results provides objective evidence. Prior DUI convictions of the at-fault driver may support punitive damages. Clear causation between the accident and your injuries is essential.
Factors That May Weaken Your Claim
Comparative negligence on your part—such as speeding, distracted driving, or failure to wear a seatbelt—can reduce your recovery. Pre-existing medical conditions that complicate causation may be argued by the insurance company. Gaps in medical treatment or failure to follow medical advice may suggest your injuries weren’t as serious as claimed.
Inconsistent statements about the accident or your injuries can undermine credibility. This is why it’s important to work with experienced personal injury lawyers who understand these nuances.
How We Support You Through the Process
We handle all communication with insurance companies, medical providers, and opposing counsel. We organize your medical records and evidence into a compelling narrative. We explain complex legal concepts in plain language so you understand your options.
We provide realistic assessments of your case value and settlement offers. We’re available to answer your questions and address your concerns throughout the process. Our goal is to reduce your stress. We allow you to focus on recovery while we fight for your rights.
Contact Matlin Injury Law for Your Free Consultation
ou deserve compensation for the injuries and losses caused by a drunk driver. At Matlin Injury Law, we’re committed to holding negligent drunk drivers accountable. We work to secure fair compensation for our clients. We understand the challenges you’re facing. We’re here to help.
Don’t wait to seek legal representation. Colorado’s statute of limitations gives you two years to file a civil claim. The sooner you contact us, the better we can preserve evidence. We can build a strong case.
We offer a free, confidential consultation to discuss your accident. We answer your questions and explain your legal options. There’s no obligation. You won’t pay anything unless we win your case.
Contact Matlin Injury Law today to schedule your free consultation.
FAQs
What Is a Drunk Driving Accident Claim?
A drunk driving accident claim is a civil lawsuit filed against a driver who operated a vehicle while impaired. The injured victim brings this claim to recover damages for their losses.
When someone drives under the influence, they make a dangerous choice. Impaired drivers have slower reaction times and impaired judgment. They have reduced coordination and decreased ability to focus on the road. These impairments directly cause accidents that result in serious injuries, property damage, and sometimes death.
If you’ve been injured in a drunk driving accident, you have the right to pursue a civil claim. This claim seeks compensation for your medical expenses, lost wages, pain and suffering, and property damage.
Under C.R.S. § 13-80-101(1)(n), Colorado provides a three-year statute of limitations specifically for all tort actions arising out of the use or operation of a motor vehicle. The two-year limit applies to general personal injury (like slip-and-falls), but car accidents—including those involving drunk drivers—are granted an extra year. Learn more about Colorado’s statute of limitations for auto injury claims.
How Do I Prove the Other Driver Was Drunk?
Proving impairment in a civil case is often straightforward. You have access to evidence from the criminal case, if one exists. Police reports typically document observations of impairment. They include field sobriety test results and breathalyzer or blood test results showing blood alcohol content (BAC).
Even if the drunk driver wasn’t arrested or convicted, police reports, witness statements, and medical evidence can establish impairment. Our attorneys know how to gather and present this evidence effectively. We work with accident reconstruction experts to strengthen your case.
What Makes a Drunk Driving Accident Different From a Regular Car Accident?
Drunk driving accidents are fundamentally different because they involve negligence beyond ordinary carelessness. A drunk driver’s impairment is a choice. They chose to drink and drive despite knowing the risks.
This reckless behavior often supports claims for punitive damages in addition to compensatory damages. Additionally, drunk driving cases typically have stronger evidence of liability. Police investigations document the driver’s impairment, making it easier to prove fault. Under C.R.S. § 42-4-1301, driving with a BAC of 0.08% or higher is illegal in Colorado.
Can I File a Claim if the Drunk Driver Wasn't Convicted?
Yes, absolutely. A criminal conviction is not required to file a civil claim. The standards of proof are different. Criminal cases require proof “beyond a reasonable doubt.” Civil cases require proof by a “preponderance of the evidence” (more likely than not).
You can successfully recover compensation even if the drunk driver was acquitted in criminal court. Police reports, witness testimony, and medical evidence are often sufficient to establish liability in civil court. This is why working with experienced Castle Rock car accident lawyers is essential.
What Is My Case Worth?
The value of your case depends on several factors. These include the severity of your injuries, the extent of your medical treatment, your lost wages, and the impact on your quality of life. The strength of the evidence also matters.
Serious injuries—such as traumatic brain injuries, spinal cord injuries, broken bones, or permanent disfigurement—typically result in higher settlements. We evaluate each case individually. We provide a realistic assessment based on comparable cases and your accident’s specific circumstances. Understanding what compensation you can receive is crucial to your decision-making process.
How Long Does a Drunk Driving Accident Case Take?
Most drunk driving accident cases settle within 6 to 18 months. Some take longer depending on the complexity of injuries and liability issues. Cases that go to trial typically take 12 to 24 months or more.
We work efficiently to resolve your case as quickly as possible. We ensure you receive fair compensation. We keep you informed throughout the process. We explain any delays or complications. Understanding the timeline for your case helps you plan accordingly.
What Compensation Can I Recover?
You can recover compensation for all losses caused by the accident. This includes medical expenses (emergency care, surgery, rehabilitation, ongoing treatment), lost wages (past and future), and property damage (vehicle repair or replacement).
You can also recover compensation for pain and suffering, emotional distress, loss of enjoyment of life, and in some cases, punitive damages. The total amount depends on the severity of your injuries and the strength of your case. Our attorneys can help you understand what compensation is available for your specific situation.
Will My Case Go to Trial or Settle?
The majority of cases settle before trial. This typically happens during negotiations with the insurance company. However, if the insurance company refuses to offer fair compensation, we’re prepared to take your case to trial.
We evaluate settlement offers carefully. We advise you on whether accepting a settlement or proceeding to trial is in your best interest. The decision is always yours. We provide honest counsel based on our experience and knowledge of how juries in Castle Rock typically decide similar cases.
How Much Does It Cost to Hire a Lawyer?
We work on a contingency fee basis. There are no upfront costs or hourly fees. We only collect a fee if we win your case—either through settlement or trial verdict. Our fee is a percentage of the compensation we recover for you.
This arrangement ensures that we’re motivated to maximize your recovery. Cost is never a barrier to obtaining legal representation.
What If I Was Partially at Fault for the Accident?
Colorado follows a comparative negligence rule. You can still recover compensation even if you were partially at fault. You must be less than 50% at fault. Your recovery is reduced by your percentage of fault.
For example, if you were 20% at fault and your total damages are $100,000, you would recover $80,000. We carefully evaluate comparative negligence issues. We work to minimize any attribution of fault to you. Understanding how comparative negligence affects your case is critical to your recovery strategy.
What If the Drunk Driver Doesn't Have Insurance?
If the drunk driver is uninsured or underinsured, you may still have options. Your own auto insurance policy likely includes uninsured/underinsured motorist (UM/UIM) coverage. Colorado law requires all insurers to offer this protection.
You can use this coverage to recover compensation for your injuries. This applies even if the at-fault driver lacks sufficient insurance. Additionally, you can pursue a claim directly against the drunk driver’s personal assets. Collecting from an individual is often more difficult than collecting from an insurance company. We explore all available options to ensure you receive compensation.
How Do I Know If I Have a Strong Case?
A strong drunk driving accident case typically includes clear evidence of impairment. This includes police reports, BAC results, and witness statements. You need documented injuries requiring medical treatment. You need clear causation between the accident and your injuries. You need minimal comparative negligence on your part.
If the police report documents impairment and you have serious injuries, you likely have a strong case. We provide a candid assessment during your free consultation. Contact us today to discuss your Castle Rock car accident claim.
What Should I Do Right Now If I Was Hit by a Drunk Driver?
First, seek medical attention immediately. Do this even if you don’t feel seriously injured. Some injuries develop over time. Medical documentation is crucial for your claim.
Report the accident to police and obtain a copy of the police report. Document the scene with photos if possible. Collect contact information from witnesses. Notify your insurance company. Then, contact Matlin Injury Law for a free consultation.
Don’t discuss the accident with the other driver’s insurance company. Don’t sign any documents without legal advice. Time is critical. Colorado’s statute of limitations gives you two years to file. Evidence is fresher and witnesses’ memories are better soon after the accident. Learn more about what to do after a car accident.
