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A stranger who chose to drive drunk changed your life in an instant. Now you are dealing with pain, medical bills, and a car that may never look the same, while the driver who caused it worries about their own criminal case.
You may be wondering if a DUI charge means you are already owed money or if the insurance company will use the criminal case to slow down your claim. Those questions deserve real answers, not guesses.
A Chicago drunk driving accident lawyer at D&W Law Group is here to help. We know how to build a civil injury claim that stands on its own, whether or not the criminal case ever reaches a courtroom.
Call us now at 312-258-1800 for a free conversation. We can talk through what happened and where your claim stands.
D&W Law Group has represented injury victims in Chicago for more than 75 combined years.
Attorney Lance Dale has practiced law in Illinois since 1991, focusing on catastrophic injury and wrongful death cases. Attorney Scott Wolfman, a founding attorney of the firm, has practiced since 1993 and handles the widest range of injury matters on the team, including car accidents, construction site injuries, and medical malpractice.
Our results speak for themselves. We have secured settlements and verdicts up to $14.9 million for injury victims across Illinois. This includes a $3.6 million recovery for an elderly woman injured on a CTA bus and multiple six-figure results for pedestrians and drivers hurt in traffic collisions.
Our clients notice the difference. One client said: “Scott and his team have been more than generous to me. Within months my case was resolved. I highly recommend this law firm.” The firm also holds a 4.9-star rating.
When you hire D&W Law Group, you are hiring attorneys who have spent decades in Chicago courtrooms, backed by a track record of results and clients who are willing to put their names behind their experience.
Past results and experiences do not guarantee future outcomes.
Getting hit by a drunk driver puts two legal systems in motion, and they do not work the same way. The State of Illinois may charge the driver with driving under the influence under Illinois DUI law (625 ILCS 5/11-501). That criminal case is about punishing the driver. It is not about paying your medical bills, your lost wages, or your pain.
| Criminal DUI Case | Your Civil Injury Claim | |
| Who brings it | The State of Illinois | You, the injured person |
| What it decides | Whether the driver broke the law | Whether the driver owes you money |
| What it can achieve | Fines, license suspension, jail time | Compensation for medical bills, lost income, and pain |
| Proof required | Guilt beyond a reasonable doubt | More likely than not that the driver caused your injuries |
| Do you have to wait for it to finish? | N/A | No, your claim can move forward regardless |
| Does a conviction matter? | Determines the driver’s penalty | Helpful evidence, but not required to win your case |
Insurance companies know this confusion works in their favor. They may stall your claim while pointing to the open criminal case, hoping you give up or settle for less before you understand what you are actually owed.
Drunk driving crashes take many forms, and the specific type of collision significantly changes how we investigate the scene and build your case for compensation. Our firm handles a broad spectrum of intoxicated driving incidents throughout the Chicago area, including:
Whatever the circumstances of the crash, we conduct an independent investigation of the driver, the scene, and every other entity that may share responsibility for your losses.
Illinois law does not stop at the driver. Under the Illinois Dram Shop Act, a business that sells or serves alcohol can share financial responsibility for injuries caused by an intoxicated patron it served (235 ILCS 5/6-21).
This law exists because bars, restaurants, and other licensed venues are in a position to cut someone off before they get behind the wheel. When a business keeps serving a visibly intoxicated patron and that patron causes a crash, Illinois law allows injured victims to hold the business accountable alongside the driver.
The Dram Shop Act does not mean every bar or restaurant is liable every time a patron drives drunk. The law looks at what the business knew or should have known, such as whether staff kept serving someone who was already showing signs of intoxication.
Proving this usually takes real investigation: receipts, staff schedules, surveillance footage, and witness accounts from the night of the crash. This is evidence that can disappear quickly if no one is looking for it right away.
Dram shop claims in Illinois also have strict filing deadlines that are far shorter than a typical injury claim. In Illinois, you generally have to file your lawsuit against the business within one year of the incident, well before the standard two-year deadline most injury victims have to file a lawsuit. Missing that window can close off a source of compensation permanently, even if your claim against the driver is still very much alive.
Keep in mind that Illinois law also puts a dollar cap on how much you can recover from a bar or restaurant under the Dram Shop Act. Our attorneys can explain what that cap is, and what it may mean for your claim.
This information reflects Illinois law as of July 2026. Illinois law changes, and deadlines are unforgiving, so do not wait to have your case reviewed.
There is no set formula for what a drunk driving accident claim is worth, and anyone who gives you a number without reviewing your case is guessing. Your claim’s value depends on the specifics of what happened to you, not a chart or a percentage of your medical bill.
A few factors carry the most weight:
The only way to know what your specific claim is worth is to have it reviewed. Our intoxicated driving crash lawyers in Chicago look at your medical records, your income loss, and the facts of the crash before we give you a number, and we do not settle until we understand the full picture of what you have lost.
We prepare every drunk driving accident claim in the same careful way, step by step, ensuring no detail is overlooked in our pursuit of justice for you.
Learn more about how our Chicago injury attorneys can help with your drunk driving accident claim during a free consultation.
You can still recover compensation. A civil case only requires showing it is more likely than not that the driver was impaired and caused the crash, a lower bar than a criminal conviction.
You may have other options through your own uninsured or underinsured policy. If a bar or restaurant overserved, you may also have a dram shop claim. Our drunk driving accident attorneys can determine available sources of compensation.
Most civil claims from a Chicago drunk driving crash are filed in the Law Division at the Richard J. Daley Center in downtown Chicago. However, many cases settle before going to trial.
We work on a contingency fee, so you pay nothing upfront and owe nothing unless we recover money for you.
Illinois generally gives injury victims two years from the date of the crash to file a claim, though dram shop claims carry a much shorter filing deadline. It is important to act quickly to secure evidence and make sure your claim is timely filed.
No. You are not required to, and insurance adjusters use recorded statements to look for reasons to reduce or deny your claim. Let D&W Law Group’s car accident attorneys handle communication with the insurance company.
You may still be able to recover compensation. Illinois allows injured people to recover damages even when they share some fault, as long as they are not found 51% or more responsible, though your recovery is reduced by your share of fault.
A stranger who chose to drive drunk changed your life in an instant. You did not cause this crash, and you should not have to face the insurance company alone while you heal.
Find out what your case is worth. Call the 8’s for a free consultation with the experienced injury lawyers at D&W Law Group today: 312-258-1800. We work on a contingency fee, which means there is no fee unless we win.
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