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When an intoxicated driver strikes your vehicle, the consequences extend far beyond property damage. Victims face mounting medical bills, lost wages, and life-altering injuries. These injuries can impact every aspect of their lives. At Brach Eichler Injury Lawyers, our drunk driving accident lawyer in New Brunswick holds drunk drivers accountable. We work to recover the full compensation you deserve.

With over 50 years of experience and a track record of multi-million dollar recoveries, we provide strong representation for victims of DUI accidents. Our certified civil trial attorneys understand drunk driving cases. We prepare every case for trial if necessary. We work on a contingency basis, so you pay nothing unless we recover compensation for you.

Table Of Contents

    Why Hire a Drunk Driving Accident Attorney in New Brunswick

    Drunk driving accident cases differ from standard car accident claims. When an intoxicated driver causes an accident, multiple layers of liability and evidence come into play. These include blood alcohol content (BAC) testing, criminal charges, and insurance coverage disputes. Handling these issues requires experienced legal representation.

    Brach Eichler Injury Lawyers brings decades of experience to drunk driving accident cases. Our team includes certified civil trial attorneys recognized by the New Jersey Supreme Court. Edward P. Capozzi, founder and chair of our Personal Injury Department, brings 50+ years of experience in personal injury litigation. He has recovered over $535 million for injured clients throughout New Jersey. Alex S. Capozzi, a Super Lawyers Rising Star, has earned recognition for his representation in catastrophic injury cases.

    Our firm’s commitment to trial-ready representation sets us apart. We don’t simply negotiate with insurance companies. Instead, we prepare every case as if it will go to trial. This approach shows insurers we take your case seriously. It often results in higher settlements. Our local New Brunswick office ensures you have convenient access to experienced attorneys. These attorneys understand the local court system and community.

    What Makes Our Representation Different

    Our trial-ready approach means we prepare every case for litigation from day one. We employ certified civil trial attorneys with proven track records of success. Our representation for injured victims, combined with our local New Brunswick presence and statewide resources, positions your case for strong recovery. We bring multi-million dollar case experience to every representation. Learn more about our New Brunswick personal injury lawyers and how we serve Middlesex County.

    Types of Compensation Available After a Drunk Driving Accident

    Victims of drunk driving accidents may recover several categories of damages under New Jersey law:

    • Medical Expenses: This includes emergency room treatment, hospitalization, surgery, ongoing medical care, physical therapy, and rehabilitation. We also pursue compensation for any future medical treatment related to your injuries. We work with medical experts to calculate the full cost of your care. This ensures no expense is overlooked. Learn about medical expenses in personal injury cases.
    • Lost Wages and Loss of Earning Capacity: If your injuries prevent you from working, you can recover compensation for lost wages. This covers your recovery period. In cases of permanent disability, we pursue damages for reduced earning capacity. This accounts for promotions and career advancement you would have achieved..
    • Pain and Suffering: New Jersey law recognizes that injuries cause physical pain and emotional distress. Compensation for pain and suffering accounts for the severity of your injuries. It also considers your recovery duration and impact on your quality of life. Many victims experience anxiety and PTSD following accidents.
    • Permanent Disability or Disfigurement: Catastrophic injuries often result in permanent changes to your body or abilities. We pursue substantial damages for permanent disabilities. These affect your independence and lifestyle. Many victims suffer traumatic brain injuries requiring long-term care and support.
    • Punitive Damages: In cases involving gross negligence or reckless conduct, New Jersey courts may award punitive damages. These damages punish the defendant and deter similar conduct. Drunk driving often qualifies for punitive damages consideration.
    • Emotional Distress and Mental Anguish: Beyond physical injuries, accident victims often experience PTSD, anxiety, and depression. These psychological injuries are compensable under New Jersey law.

    Brach Eichler Injury Lawyers‘s track record demonstrates our ability to recover substantial compensation. In one case, we secured a $21.8 million settlement for a child struck by a commercial vehicle. The child suffered permanent traumatic brain injury. In another motor vehicle accident case, we recovered $7.225 million for a woman injured in a collision. These results reflect our commitment to pursuing strong compensation for our clients. View our complete case results and verdicts.

    Calculating Your Damages

    Our attorneys work with medical experts, economists, and life care planners. Together, we calculate the true value of your claim. We consider not only current medical expenses and lost wages. We also examine future treatment needs, long-term disability, and impact on your earning potential. This comprehensive approach helps ensure you receive fair compensation for all damages.

    How Drunk Driving Accident Claims Work in New Jersey

    Understanding New Jersey’s legal framework is essential for pursuing a drunk driving accident claim:

    • Comparative Negligence: New Jersey follows a “modified comparative negligence” rule. You can recover compensation even if you were partially at fault. You must be less than 50% responsible for the accident. Your recovery is reduced by your percentage of fault. For example, if you’re found 20% at fault and your damages total $100,000, you recover $80,000.
    • No-Fault Insurance Requirements: New Jersey requires all drivers to carry Personal Injury Protection (PIP) insurance. This coverage pays your medical expenses and lost wages regardless of fault. Coverage limits apply. However, PIP coverage is typically limited. This is why pursuing a claim against the drunk driver’s liability insurance is critical. Understanding New Jersey no-fault insurance laws protects your rights.
    • Dram Shop Liability: In some cases, you may pursue claims against the establishment that served alcohol. New Jersey’s dram shop law holds bars, restaurants, and social hosts liable. They must have knowingly served alcohol to someone who was visibly intoxicated. That person must have subsequently caused an accident. This can provide additional sources of recovery.
    • Criminal vs. Civil Liability: The drunk driver may face criminal DUI charges. These are separate from your civil injury claim. A criminal conviction can strengthen your civil case. However, you can pursue compensation even if criminal charges are dismissed or result in acquittal.
    • Statute of Limitations: You have two years from the date of the accident to file a personal injury lawsuit in New Jersey. This deadline is critical. Missing it bars you from recovery. We recommend contacting an attorney immediately. Early action preserves evidence and meets all deadlines.
    • Investigation and Evidence: Our attorneys conduct thorough investigations. We gather police reports, witness statements, accident reconstruction analysis, medical records, and BAC test results. We work with accident reconstruction experts to establish liability. This demonstrates the drunk driver’s negligence.
    • Insurance Company Tactics: Insurance companies often employ delay tactics and lowball settlement offers. They may use aggressive questioning to minimize payouts. Our experienced attorneys counter these tactics. We protect your rights throughout the claims process.

    The Investigation Process

    We begin by obtaining the police accident report. This typically includes the officer’s observations about the driver’s condition. It includes field sobriety test results and BAC readings. We interview witnesses and photograph the accident scene. We retain accident reconstruction experts if necessary. Medical records document your injuries and treatment. This comprehensive investigation builds a strong case for strong compensation.

    Steps to Take After a Drunk Driving Accident

    Taking the right steps immediately after an accident protects your health. It also strengthens your legal claim:

    • Seek Medical Attention: Your health is the priority. Call 911 if anyone is injured. Even if you feel fine, some injuries may not be immediately apparent. Traumatic brain injuries are an example. Seek medical evaluation promptly.
    • Call Police: Report the accident to law enforcement. The police report creates an official record. It may document signs of intoxication. Obtain the report number for your records.
    • Document the Scene: If safe, take photographs of vehicle damage and road conditions. Photograph traffic signals and the accident scene. Also photograph the other driver’s vehicle and license plate. You can also get surveillance footage if you need.
    • Gather Witness Information: Collect names and contact information from anyone who witnessed the accident. Witness statements can be crucial evidence.
    • Preserve Evidence: Keep all medical records, receipts for medical expenses, and documentation of lost wages. Keep repair estimates. Preserve your damaged vehicle if possible. It may be needed for expert analysis.
    • Avoid Statements to Insurance Companies: Do not provide recorded statements to the other driver’s insurance company without legal counsel. Insurance adjusters may use your statements against you.
    • Contact an Attorney: Call Brach Eichler Injury Lawyers promptly. Early legal intervention preserves evidence. It protects your rights and positions your case for strong recovery.
    • Follow Medical Treatment: Comply with all medical recommendations and attend all appointments. Gaps in treatment can be used by insurance companies. They may argue your injuries weren’t serious.

    Frequently Asked Questions About Drunk Driving Accidents

    Can I still recover compensation if I was partially at fault?

    Yes. New Jersey’s comparative negligence law allows you to recover even if you were partially responsible. You must be less than 50% at fault. Your recovery is reduced by your percentage of fault. For example, if you were 15% at fault and your damages total $100,000, you recover $85,000. Our attorneys work to minimize your assigned fault percentage. We pursue strong recovery for you.

    What if the drunk driver was uninsured or underinsured?

    New Jersey law requires drivers to carry uninsured motorist (UM) and underinsured motorist (UIM) coverage. If the drunk driver lacked adequate insurance, your own UM/UIM coverage provides protection. We help you access these benefits. We pursue claims against your own insurance company if necessary. Many victims don’t realize they have this protection. We ensure you receive the compensation you’re entitled to.

    How long do I have to file a claim?

    New Jersey’s statute of limitations for personal injury claims is two years from the accident date. This deadline is absolute. Missing it bars you from recovery. We recommend contacting an attorney immediately. Early action allows us to preserve evidence. We interview witnesses while memories are fresh. We meet all legal deadlines.

    Will my case go to trial?

    Many drunk driving accident cases settle before trial. However, we prepare every case for litigation. Our trial-ready approach shows insurance companies we take your case seriously. This often results in higher settlements. If a fair settlement isn’t offered, we’re prepared to take your case to trial. Edward P. Capozzi‘s recent $2.799 million verdict demonstrates our trial success. This was the 12th highest verdict in New Jersey for 2024. Alex S. Capozzi earned a $2.75 million verdict, the 13th highest in New Jersey for 2024. These results reflect our firm’s consistent trial victories.

    Do I need a lawyer for my drunk driving accident claim?

    Yes. Insurance companies employ sophisticated tactics to minimize payouts. They may dispute liability or undervalue your injuries. They may pressure you into accepting inadequate settlements. An experienced attorney levels the playing field. We protect your rights and work toward strong recovery. Brach Eichler Injury Lawyers‘s contingency fee arrangement means you pay nothing unless we recover compensation for you.

    Contact Brach Eichler Injury Lawyers for Your Free Consultation

    If you’ve been injured by a drunk driver in New Brunswick or anywhere in New Jersey, contact Brach Eichler Injury Lawyers today. Our team of experienced attorneys are ready to fight for your rights. Our track record helps you pursue the compensation you deserve.

    Our law firm offers free consultations and work on a contingency basis. You pay nothing unless we recover compensation for you. Our attorneys are available 24/7 to discuss your case. Call us today at (973) 364-8300.

    Written by: Brach Eichler Injury Lawyers Last Updated : October 30, 2025
    It's All About Results

    We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.

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    My case was not a simple case, but Ed Capozzi and his team took it head on. It was a pleasure to deal with Ed Capozzi and Corey Dietz. All their knowledge and fast response to any questions I had throughout the case made it easier on me. I can’t forget about Mr. Capozzi’s wonderful paralegal. Ella Twardowski was a pleasure to talk to and work with. Everybody was kind and thoughtful. This team of attorneys never made me feel like I was just another case. They make you feel like friends. If you need an attorney, give Ed Capozzi and Corey Dietz a call! They won’t let you down! Thanks to everyone at Brach Eichler Injury Lawyers! You guys rock!

    - M. W.

    Edward Capozzi helped my father tremendously throughout his case. Throughout the whole process, Capozzi and his staff were very helpful and answered all of our questions thoroughly. My family and I are just speechless. Excellent job!!! Would 100% recommend anyone to them.

    - E. K.

    I had a great experience with Alex Capozzi at Brach Eichler Injury Lawyers, helping resolve an issue I had with a previous landlord. Alex provided invaluable guidance and professionalism that helped me avoid a massive headache. Highly recommend this firm to anyone looking for legal advice or services! Thanks Alex!

    - D. P.

    The personal injury attorneys at Brach Eichler Injury Lawyers set the bar very high. They are a phenomenal group of lawyers and I would not recommend searching anywhere else. I personally know Kristofer Petrie (Kris) and his team work endlessly to make you feel at home in the toughest of situations, while getting the results that you’re hoping for in a timely manner.

    - A. S.

    The staff is polite and kind. My attorney Capozzi worked hard to get me what I deserved! I would definitely recommend and give more stars if I could.

    - N. R.
    *Past results to not indicate future performance. Results may vary depending on your particular facts and legal circumstances.
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