• Personal Injury
  • Auto Accidents
  • Wrongful Death

Victim Compensation and DUI Charges

How to Pursue Compensation and Justice Following a Drunk Driving Accident


Drunk driving in Illinois continues to kill and injure hundreds of innocent victims. Every year, hundreds of people are killed or seriously injured in our state as the result of people who recklessly decide to drink and drive. Young and old, it’s a crime that affects us all and has serious repercussions. In response, Illinois has enacted DUI laws that are some of the toughest in the country.

If you are arrested for driving drunk in Illinois, you may face the following penalties:

  • Suspension of your driver’s license.
  • The forced installation of an ignition interlock on your vehicle.
  • Jail time.
  • Probation.
  • Fines.

Of course, those are the least of your worries if you are involved in a drunk driving accident that involves injuries or fatalities. If that’s the case, you will be looking at a lengthy prison sentence and serious financial penalties. However, what if you are the victim of a drunk driver? What protections and recourse can you rely on?

Your Rights as a victim of a DUI

In Illinois, you are entitled to pursue the following claims as the result of another driver’s negligent decision to get behind the wheel while they are intoxicated. These include:

  • Compensatory Damages – You are entitled to seek compensation for financial losses stemming from an accident, including costs you have incurred for medical bills, pharmaceutical expenses, physical therapy, damaged property, and pain and suffering.
  • Punitive Damages – By law, you can seek to punish a driver for their negligence through a hefty settlement.
  • Dram Shop Laws – Illinois allows you to seek damages from the establishment where the drunk driver had a few too many drinks before driving away. Pursuing a dram shop claim can be difficult, but there are times when it is entirely appropriate.

But, what if…

There are many variables that go into a DUI lawsuit. These include everything from uninsured motorist coverage to the other driver declaring bankruptcy to avoid financial responsibility for the crash. The list of variable that can affect your ability to recover is endless. However, this should not deter you from seeking compensation for your injuries.

Preparing for your lawsuit

Lawsuits can be stressful and time consuming. By preparing, you can minimize this stress and reduce of time it takes to recover. We advise our clients to do the following prior to the commencement of any lawsuit:

  1. Compile all documentation and records. This includes police reports, insurance statements and medical records.
  2. Evaluate the merits of your case. With your attorney, determine what you hope to gain and whether that is achievable.
  3. Be prepared to fight. Even the most airtight lawsuit requires an investment of time, energy, and emotions.
  4. Be prepared to lose. Even if the judge sides in your favor, collecting that judgment quickly is not a sure thing.

For assistance with your personal injury cases and help seeking compensation for your DUI related injuries, contact Law Office of Kenneth A. Fishman, P.C. by calling 312-346-8990.