A drunk driver may face criminal DUI charges, but that is separate from your civil injury claim. You can pursue compensation regardless of the criminal outcome.
Criminal Case vs. Your Civil Claim
Punitive Damages May Apply
Virginia allows punitive damages in some drunk driving cases, particularly where blood alcohol was very high. These are capped at $350,000 but can meaningfully increase recovery.
Sources of Compensation
Beyond the drunk driver's policy, your own uninsured/underinsured motorist coverage may apply if their insurance is insufficient.
Act Quickly
Evidence from the scene and the criminal investigation can support your civil claim, but it must be preserved. Prompt legal help protects your rights.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Virginia attorney.