Last updated: July 2026
There’s no set number, and anyone who gives you one before reviewing your case is guessing. What actually drives settlement value in a drunk driving case comes down to a handful of real factors.
What Determines the Value
Liability is rarely in dispute. A police report, a BAC reading, or a DUI charge does most of that work for you, which is unusual in personal injury cases and tends to move negotiations faster.
What matters more is the same as any injury case: the severity of the injuries, medical costs including future care, lost income, and how much insurance is actually available to pay the claim.
That last part matters more here than in an average crash. Drunk drivers are disproportionately likely to carry minimal insurance or none at all, which is exactly the gap uninsured motorist coverage is built to close under Illinois law.
Punitive damages are also more realistic here than in most car accident claims. Illinois allows punitive damages for willful and wanton conduct, and driving drunk is one of the clearest examples courts recognize.
Dram Shop Liability: The Bar or Restaurant May Also Be Responsible
Illinois has its own statute for this: the Dram Shop Act, 235 ILCS 5/6-21. A bar, restaurant, or other alcohol seller can be held liable for injuries caused by a customer they over-served, without the victim having to prove the establishment was careless about it. It’s a strict liability standard.
There’s a catch. Dram shop claims carry a one-year statute of limitations, far shorter than the standard two-year deadline for an Illinois personal injury claim. Waiting to talk to a lawyer can quietly cost you this entire avenue of recovery.
This isn’t theoretical. Phillips Law Offices obtained a $25 million jury verdict in Gary, Indiana on behalf of a widow whose husband was struck and killed by a drunk driver, after two restaurants served that driver 21 shots and several glasses of wine in the hours before the crash. See the full case summary.
Criminal DUI Charges vs. Your Civil Claim
These are two separate processes. The state prosecutes the DUI; you pursue your own injury claim, and one doesn’t require the other.
A criminal conviction can still help. It’s strong evidence of fault in your civil case. But you don’t have to wait for the criminal case to resolve before starting yours, and in most situations, you shouldn’t.
Frequently Asked Questions
Can I sue a bar or restaurant for over-serving the drunk driver who hit me?
Yes, under Illinois’ Dram Shop Act (235 ILCS 5/6-21), but claims against the establishment carry a strict one-year statute of limitations, much shorter than the standard two-year deadline for an injury claim.
Can I get punitive damages in an Illinois drunk driving case?
Often yes. Illinois allows punitive damages for willful and wanton conduct, and courts frequently treat drunk driving as meeting that standard.
What if the drunk driver who hit me has no insurance?
This is common. Your own uninsured motorist coverage, which Illinois requires as part of every auto policy, may be your primary source of recovery in that situation.
Do I have to wait for the criminal DUI case to finish before filing my injury claim?
No. The criminal case and your civil claim are separate. In most situations, you shouldn’t wait to start your claim.
Injured by a Drunk Driver?
The Illinois personal injury law firm of Phillips Law Offices has a recognized reputation as having aggressive, skilled, and determined representatives and advocates for injured individuals and their families. Contact our Chicago car accident lawyers at (312) 346-4262 for a free consultation. No fee unless we win.
Read More:
Average Car Accident Settlement Amount in Illinois
Can I Be Found Partially at Fault for My Injuries in a Car Accident?
Are Punitive Damages Available in an Illinois Auto Accident Case?
