Drunk Driving Accident Attorney in Baton Rouge

Proven Trial Lawyers for Victims of Impaired Drivers

When a drunk driver causes a crash, the injuries are often catastrophic, and the path to fair compensation is anything but simple. At Clayton, Frugé & Ward, we’ve recovered over $1 billion in verdicts and settlements for injured clients across Louisiana, including a $117 million verdict for a young mother paralyzed in an ambulance accident, the largest single-injury verdict in the state’s history. We take the drunk driving accident cases other firms turn away and fight for the compensation our clients may be entitled to pursue.

We serve clients throughout Baton Rouge and the surrounding communities, and our attorneys understand what it takes to hold impaired drivers accountable in East Baton Rouge Parish courts. Whether you’re facing overwhelming medical bills, permanent disability, or the wrongful death of a loved one, we’re prepared to stand beside you from the first consultation through trial if that’s what your case demands.

Contact our Baton Rouge drunk driving accident lawyers today for a free consultation. Call (225) 209-9943 or reach out through our online contact form to discuss your case.

Punitive Damages in Louisiana Drunk Driving Cases

Most personal injury claims in Louisiana don’t allow punitive damages. Drunk driving accidents are the exception. Under Louisiana Civil Code Article 2315.4, victims may pursue punitive damages when the at-fault driver’s conduct rises to wanton or reckless disregard for the safety of others. Driving under the influence can meet that standard.

Punitive damages serve a different purpose than compensatory damages. While compensatory damages cover your medical bills, lost income, and pain and suffering, punitive damages are designed to punish the drunk driver and deter similar conduct. This distinction can substantially increase the potential value of a claim, but only if your attorney knows how to build the evidence and argue for both forms of relief effectively.

Compensation Available to Baton Rouge Drunk Driving Accident Victims

Drunk driving collisions often produce severe injuries: traumatic brain injuries, spinal cord damage, crushed limbs, and internal organ trauma. Any compensation you recover should reflect the full scope of what you’ve lost.

Economic damages you can pursue include:

• Current and future medical expenses, including surgery, rehabilitation, and long-term care
• Lost wages and reduced earning capacity
• Property damage to your vehicle
• Home or vehicle modifications required by a disability

Non-economic damages may include:

• Pain and suffering
• Emotional distress and mental anguish
• Loss of consortium
• Permanent disability, scarring, or disfigurement

If the drunk driver was uninsured or underinsured, Louisiana law provides another path. Insurers are required to offer uninsured/underinsured motorist (UM/UIM) coverage, and unless you rejected it in writing, your own policy may cover the gap. We investigate every available source of recovery to pursue the compensation available in your case.

Wrongful Death Claims

Families who lost a loved one to a drunk driving accident can file a wrongful death claim to recover funeral and burial costs, loss of financial support, and loss of companionship. Under Louisiana Civil Code Article 2315.2, families generally have one year from the date of death or two years from the date the underlying injury was sustained, whichever is longer, to file these claims. Acting quickly is critical to protect your rights.

How We Handle Drunk Driving Accident Claims

Our attorneys have built a track record of results in complex, high-stakes personal injury litigation. Verdicts of $411 million, $171 million, $117 million, and $75 million didn’t happen by accident. They came from preparing every case as if it’s going to trial and refusing to push clients toward settlements that don’t reflect the claimed value of their injuries.

That approach matters in drunk driving cases, where insurance companies often try to minimize payouts despite clear liability. We identify every liable party, gather police reports and toxicology evidence, retain accident reconstruction professionals when needed, and build a case designed to withstand scrutiny in the courtroom.

Our team includes attorneys with diverse legal and cultural backgrounds that reflect Louisiana’s communities. In jury trials before East Baton Rouge Parish juries, that diversity is a genuine asset. Jurors respond to attorneys who understand their community, and our team connects with the people who may ultimately decide your case.

Louisiana OWI Laws & Your Civil Claim

Louisiana uses the term OWI (operating while intoxicated) under RS 14:98, though you’ll also hear DWI and DUI used interchangeably in Baton Rouge. Regardless of the term, the legal standard is the same: a driver with a blood alcohol concentration of 0.08% or higher, or one impaired by drugs or a combination of substances, is operating illegally.

A drunk driver faces two separate legal tracks. The state pursues criminal charges, while you, the victim, pursue a civil personal injury claim. These proceedings are independent of each other. You don’t need a criminal conviction to pursue compensation. The civil burden of proof is a preponderance of the evidence (more likely than not), which is far lower than the criminal standard of beyond a reasonable doubt. An OWI arrest or DWI citation can be powerful evidence in your civil case, even if the criminal charges are reduced or dismissed.

Louisiana’s fault rules under Civil Code Article 2323 directly affect your recovery. Louisiana follows a pure comparative negligence system, which means your compensation is reduced in proportion to your percentage of fault, but it isn’t eliminated, even if you’re found mostly at fault. In drunk driving cases where the other driver’s fault is clear, this distinction rarely comes into play, but insurance companies will still look for ways to assign you blame. We know how to push back on those tactics.

For accidents occurring on or after July 1, 2024, you have two years from the date of the accident to file your claim under CC Art. 3493.1. Accidents before that date carry a one-year deadline. Don’t wait to find out which deadline applies to you.

Frequently Asked Questions

Can I Afford a Drunk Driving Accident Attorney?

We handle drunk driving accident cases on a contingency fee basis. You won’t owe us any legal fees unless we recover compensation for you. There’s no upfront cost and no financial risk to get started.

What If the Drunk Driver Fled the Scene or Has No Insurance?

You may still have options. Your own UM/UIM coverage can provide compensation, and we’ll investigate whether other parties, such as a bar or establishment that over-served the driver, share liability.

How Long Will My Case Take to Resolve?

Timelines depend on injury severity, insurance disputes, and whether the case goes to trial. Many cases settle before trial, but we prepare every case for the courtroom so we’re never forced into an inadequate offer.

Should I Talk to the Insurance Company Before Hiring an Attorney?

No. Insurance adjusters may use early statements to minimize or deny your claim. Contact an attorney first so your rights are protected from the start.

Get the Legal Team Baton Rouge Victims Trust

You shouldn’t have to fight an insurance company while recovering from injuries caused by someone else’s reckless decision. Our attorneys handle every aspect of your drunk driving accident claim so you can focus on healing.

With over $1 billion recovered for injured clients across Louisiana and a proven willingness to take cases to trial, Clayton, Frugé & Ward is prepared to fight for the compensation you may be entitled to pursue. Call us today at (225) 209-9943 for a free consultation, or submit your information through our online contact form.