There is no fixed amount you can sue a drunk driver for in North Carolina, but compensation often includes medical bills, lost income, pain and suffering, and in some cases, punitive damages.
Each case is different, and the value of your lawsuit depends on the severity of your injuries, the strength of your evidence, and whether the driver’s behavior was especially reckless.
A North Carolina car accident lawyer can help you determine what your case may be worth and how to pursue the maximum possible recovery.
What Types of Damages Are Available in a Drunk Driving Lawsuit?
Victims of drunk driving crashes in North Carolina can pursue both compensatory and punitive damages. Compensatory damages aim to cover the actual losses caused by the accident. Punitive damages are meant to punish the drunk driver and deter similar conduct in the future.
Here’s a breakdown of what may be available:
- Medical expenses: Includes ambulance transport, hospital stays, surgeries, rehabilitation, and future treatment
- Lost income: Compensation for wages missed during recovery and loss of future earning ability
- Pain and suffering: Physical pain, emotional trauma, PTSD, and reduced quality of life
- Property damage: Repair or replacement of your vehicle and personal property
- Punitive damages: Additional compensation awarded in cases involving extreme recklessness, such as DUI with very high BAC or repeat offenses
- Wrongful death damages: If a loved one was killed, surviving family members may seek funeral costs, lost support, and loss of companionship
The presence of alcohol or drugs in the at-fault driver’s system often strengthens the case for both full compensation and punitive awards.
For a free legal consultation, call (877) 333-1000
Can You Sue a Drunk Driver Without Criminal Charges?
Yes. You can sue a drunk driver in civil court even if they are not criminally charged or convicted. A criminal case is brought by the state and focuses on punishment, while a civil lawsuit is filed by the victim and focuses on financial compensation.
This is important because criminal convictions often take time and may not result in restitution. A personal injury lawsuit gives you a direct way to seek recovery for your losses, regardless of the criminal outcome.
However, if the driver is convicted, that can serve as powerful evidence of liability in your civil claim.
How We Help Victims of Drunk Driving Crashes
At DeMayo Law Offices, we’ve represented hundreds of clients who were injured by drunk or impaired drivers across North Carolina. We don’t just file claims—we build strong, strategic cases designed to win maximum compensation and hold reckless drivers accountable.
Here’s what we do:
- Investigate the crash: Gather police reports, breathalyzer results, field sobriety test findings, and witness statements
- Document your injuries: Work with medical experts to prove the full impact of your injuries
- Pursue punitive damages: If the facts justify it, we go beyond compensation to seek accountability
- Deal with the insurance companies: So you don’t have to manage pressure or lowball offers
- Take the case to court if needed: We don’t settle unless it’s in your best interest
Our legal team has recovered over $1 billion in settlements and verdicts for clients, and we bring the same aggressive approach to every drunk driving injury case we handle.
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What if the Drunk Driver Has No Insurance?
Even if the at-fault driver doesn’t have insurance—or doesn’t have enough—there are still ways to pursue compensation. This situation is more common than many people realize, especially with high medical costs and limited minimum liability coverage in North Carolina. But being hit by an uninsured driver doesn’t mean you’re out of options.
You may be able to:
- File a claim through your own uninsured/underinsured motorist (UM/UIM) coverage: This type of insurance is included in most North Carolina auto policies and is specifically designed to protect you when the other driver can’t pay.
- Investigate third-party liability: If a bar, restaurant, or social host knowingly overserved the driver who caused the crash, you may have a dram shop claim against that business or individual.
- Explore personal asset recovery: While less common, it may be possible to seek a structured settlement or payment plan directly from the at-fault driver, particularly in severe injury cases.
Navigating these alternatives can be difficult without legal guidance. A North Carolina car accident lawyer can help identify every potential recovery path, analyze your policy limits, and make sure no opportunity for compensation is missed.
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When to File a Lawsuit Against a Drunk Driver
North Carolina’s statute of limitations for personal injury claims is three years from the date of the accident. However, the earlier you start, the easier it is to gather evidence and build a strong case.
You should contact a lawyer immediately if:
- You were injured by a driver arrested for DUI or DWI
- You’ve received a settlement offer that seems low or unfair
- You’re facing ongoing medical treatment, income loss, or long-term health effects
- You lost a loved one in a drunk driving crash
Legal action may feel overwhelming, but it’s often the only path to full financial recovery.
Call DeMayo Law Offices to File a Drunk Driving Injury Claim
If you’ve been injured by a drunk driver, you don’t have to navigate the legal system alone. The damage caused by impaired driving is real, and so is your right to be compensated.
Call DeMayo Law Offices today. We’ll listen to your story, explain your options, and fight for the compensation you’re entitled to. We believe in People Over Profits™, and we’re proud to stand beside you as Your North Carolina Law Firm™
Call or text (877) 333-1000 or complete a Free Case Evaluation form
