What a drunk driving accident lawyer does for your case
A drunk driving accident lawyer represents you against the at-fault driver and their insurance company. They investigate the crash, obtain police reports and toxicology results, gather witness statements, and build evidence that alcohol impairment caused the collision. They also handle communication with insurance adjusters, negotiate settlements, and file a lawsuit if the insurer refuses a fair offer.
In Nevada, drunk driving cases often move faster than other personal injury claims because the police report typically includes a breathalyzer or blood test result. That result—combined with the officer's observations and the crash circumstances—gives your lawyer concrete proof of impairment. Your lawyer uses this evidence to pressure the insurance company to settle rather than risk a jury trial where the drunk driver's liability is obvious.
The lawyer also protects you from common insurance tactics. Adjusters often contact injured people directly and ask them to give recorded statements or sign medical releases. A lawyer intercepts these requests and responds on your behalf, preventing you from accidentally saying something that weakens your claim.
Key Takeaways
- A drunk driving accident lawyer investigates your crash, obtains police reports and blood alcohol test results, and uses that evidence to negotiate with the at-fault driver's insurance company.
- Nevada law allows you to recover medical bills, lost wages, pain and suffering, and in some cases punitive damages—extra money meant to punish the drunk driver.
- Most drunk driving accident lawyers work on contingency, meaning they take a percentage of your settlement or court award and charge nothing upfront.
- The police report is the foundation of your case; your lawyer requests it from the Las Vegas Metropolitan Police Department and uses it to show the other driver was impaired.
- You have two years from the date of the crash to file a lawsuit in Nevada, so waiting too long can cost you the right to sue.
How to find a drunk driving accident lawyer in Las Vegas
Start with the State Bar of Nevada's lawyer referral service, which lists attorneys licensed to practice in Nevada and filtered by practice area. You can search online at nvbar.org or call their referral line. This ensures the lawyer is in good standing and has no disciplinary history.
Ask for lawyers who focus on personal injury or motor vehicle accidents and have handled drunk driving cases. Experience matters: a lawyer who has negotiated dozens of drunk driving settlements knows what insurance companies will pay and how to pressure them. A lawyer handling their first case may undervalue your claim.
You can also ask for referrals from friends, family, or your primary care doctor. Word-of-mouth recommendations often lead to lawyers who communicate clearly and follow through. If you were treated at a hospital or urgent care, ask the billing department whether they have a list of lawyers they work with regularly—those lawyers understand medical billing and can often recover your full medical costs.
Once you have a few names, call each lawyer's office and ask whether they offer a free initial consultation. Most do. Use that call to ask about their experience with drunk driving cases, how they charge, and how long they expect your case to take.
What to expect during your first meeting with a lawyer
Bring the police report (or the case number so the lawyer can request it), photos of vehicle damage, medical records, proof of lost wages, and any communication you have had with the insurance company. The lawyer will ask detailed questions about the crash: what you remember about the other driver's behavior, whether you saw them drinking, whether they admitted to drinking, and what injuries you suffered.
The lawyer will also explain how they charge. Most work on contingency, meaning they take a percentage—typically 25 to 40 percent—of whatever you recover. You pay nothing upfront and nothing if you lose. Some lawyers charge a flat fee for specific tasks or an hourly rate, though this is less common in drunk driving cases. Ask which arrangement applies to you and whether the percentage includes costs like filing fees and informed witness fees, or whether those are added on top.
The lawyer will give you a realistic estimate of your case value based on your medical bills, lost wages, and the severity of your injuries. They will also explain the timeline: police investigation, insurance demand, negotiation, and potentially trial. Most drunk driving cases settle within 6 to 12 months, but complex cases or trials can take longer.
How Nevada law handles drunk driving accident claims
Nevada recognizes negligence per se in drunk driving cases. This legal term means that if the other driver was convicted of or cited for driving under the influence (DUI), they are automatically considered negligent—the jury does not have to debate whether they were careless. The only question is how much money you deserve.
You can recover economic damages—medical bills, physical therapy, lost wages, and vehicle repair—as well as non-economic damages for pain, suffering, emotional distress, and loss of enjoyment of life. Nevada does not cap non-economic damages in personal injury cases, so a lawyer can argue for substantial awards if your injuries are severe.
In rare cases where the drunk driver's conduct was especially reckless—for example, they had multiple prior DUIs or were driving at extreme speed—you may also recover punitive damages. These are extra damages meant to punish the driver and deter similar behavior. Punitive damages are not automatic and require proof that the driver acted with gross negligence or intentional misconduct, but a lawyer can pursue them if the facts support it.
The role of the police report and DUI conviction in your case
The police report is your strongest piece of evidence. It documents the officer's observations—bloodshot eyes, slurred speech, failed field sobriety tests—and the results of any breathalyzer or blood test. If the other driver's blood alcohol content (BAC) was 0.08 or higher, Nevada law presumes they were impaired. Your lawyer uses this report to show the insurance company that defending the case at trial is pointless.
If the other driver was convicted of DUI in criminal court, that conviction is admissible in your civil case and proves negligence. However, you do not have to wait for a criminal conviction to file a civil lawsuit. You can sue when ready after the crash, even if the criminal case is still pending. Many cases settle before the criminal trial concludes.
If the other driver was not charged with DUI—perhaps the officer did not suspect impairment at the scene—your lawyer can still prove they were drunk using other evidence: witness statements, toxicology results if they were hospitalized, cell phone records showing they were at a bar before the crash, or informed testimony about their driving pattern. The absence of a DUI charge makes the case harder but not impossible.
Insurance settlement versus going to trial
Most drunk driving cases settle before trial because the insurance company knows a jury will likely find the drunk driver liable and award substantial damages. Your lawyer will send a demand letter to the insurance company outlining your injuries, medical costs, lost wages, and the pain and suffering you endured. The insurer will respond with an offer, usually lower than your demand. Your lawyer will negotiate back and forth until you reach an agreement or decide to file a lawsuit.
Settlement is faster and more predictable than trial. You receive your money within weeks of signing the settlement agreement, and you avoid the stress and uncertainty of a jury verdict. However, settlement also means accepting less than you might win at trial. Your lawyer will advise you on whether an offer is fair based on comparable cases and the strength of your evidence.
If settlement negotiations stall, your lawyer will file a lawsuit in District Court in Clark County (where Las Vegas is located). The case will then enter discovery, where both sides exchange documents and take depositions—recorded question-and-answer sessions with witnesses and the other driver. Most cases still settle during discovery once the other side realizes how strong your evidence is. If not, the case goes to trial, where a jury decides liability and damages.
Costs and fees: how lawyers charge for drunk driving cases
On contingency, you pay your lawyer nothing unless you win. If you recover $50,000, your lawyer takes 25 to 40 percent (typically $12,500 to $20,000) and you receive the rest. This arrangement aligns the lawyer's incentive with yours: they only make money if you do.
Ask your lawyer whether the contingency percentage covers all costs or whether costs are separate. Costs include filing fees, court reporter fees for depositions, informed witness fees, and medical record retrieval. Some lawyers advance these costs and deduct them from your recovery; others bill you separately. Clarify this before you hire.
If your lawyer works on an hourly rate or flat fee, you will pay out of pocket regardless of the outcome. This is rare in drunk driving cases but may explore if your case is unusually complex or if you are suing a government entity (which has different rules). Ask for an estimate of total hours or fees before you commit.
Frequently Asked Questions
Can I sue the drunk driver even if they were not arrested?
Yes. A civil lawsuit does not require a criminal arrest or conviction. You can sue based on the police report, witness statements, and other evidence that the other driver was impaired. However, an arrest or conviction makes your case much stronger because it provides official documentation of impairment.
How long do I have to file a lawsuit after a drunk driving crash?
Nevada gives you two years from the date of the crash to file a lawsuit. After two years, you lose the right to sue. Do not wait: hire a lawyer within the first few months so they can gather evidence while witnesses' memories are fresh and before the insurance company's investigation concludes.
What if the drunk driver does not have insurance or does not have enough insurance?
Your own insurance policy may cover the gap. If you have uninsured motorist (UM) or underinsured motorist (UIM) coverage, you can file a claim with your own insurer for damages the other driver cannot pay. Your lawyer can help you file this claim and negotiate with your own insurance company.
Will my case go to trial?
Most drunk driving cases settle before trial because liability is clear and the insurance company wants to avoid a jury verdict. However, if the insurer refuses a fair offer, your lawyer will file a lawsuit and take the case to trial. Be prepared for this possibility, but expect settlement to be the more likely outcome.
How much money can I recover?
Recovery depends on your medical bills, lost wages, the severity of your injuries, and how much pain and suffering you endured. A lawyer can give you a range based on comparable cases, but the exact amount emerges during negotiation or trial. Catastrophic injuries or permanent disability can result in six-figure or seven-figure awards.