Alcohol-related injuries often leave people searching for answers about responsibility, financial consequences, and whether the harm could have been prevented. In some cases, the focus is not only on the person who caused the injury, but also on the bar, restaurant, or other establishment that continued serving alcohol when it should have stopped.
Under Texas law, these situations may give rise to a dram shop claim. Dram shop cases can arise from drunk driving crashes, but they also include injuries caused by overservice in other settings, such as bar fights, falls, or other alcohol-related incidents. The question is not simply what happened, but whether alcohol service decisions played a role in creating an unreasonable risk of harm.
At Winocour Law, we represent individuals and families across Dallas and East Texas in dram shop cases involving serious injury and wrongful death. This page is intended to explain the factors that affect dram shop settlement values, the types of compensation that may be available, and how these claims are evaluated under Texas law.
Free, confidential consultations are available for those seeking clarity about their options.
What Is the Average Settlement in a Drunk Driving Accident?
There is no standard or guaranteed settlement amount in drunk driving or dram shop cases. Settlement values depend on several factors, including the severity of the injuries, the available insurance, and whether an alcohol provider can be held legally responsible for overserving the person who caused you harm.
That said, there are important distinctions worth understanding.
In many drunk driving cases, recovery is limited to a drunk driver’s auto insurance policy. In Texas, those policies often carry relatively modest limits. Once those limits are exhausted, additional recovery may be difficult if the driver lacks personal assets.
Dram Shop Cases Offer An Additional Avenue of Compensation
When a dram shop claim applies, the potential amount of your financial recovery changes. Bars and restaurants typically carry commercial liability insurance, and when overservice can be proven, those policies may become available. In cases involving serious injury or fatality, this can substantially impact the potential value of a claim.
The most reliable way to understand how these factors apply to a specific situation is to speak with a lawyer who regularly handles dram shop litigation.
An experienced Dallas Dram Shop Attorney can help evaluate whether a dram shop claim may be part of your case.
Our Dram Shop Settlements
Winocour Law has handled dram shop cases across Texas involving severe injuries and wrongful death. While every case is unique and outcomes depend on the specific facts, our prior results demonstrate our depth of experience in navigating the legal and evidentiary challenges that these cases present.
Representative results include:
- $3,000,000 settlement — Texas dram shop wrongful death
- $925,000 settlement — Texas dram shop wrongful death
- $560,000 settlement — Texas dram shop wrongful death
This page will also serve as a hub for future dram shop case studies, providing more detailed discussions of how liability was established and how claims were resolved. Check back to learn more about our important work in this area, and how we’ve helped our clients receive the justice they deserve.
What Damages Can Be Recovered in a Dram Shop Liability Case?
Under the Texas Dram Shop Act, injured individuals and surviving family members may seek compensation from all responsible parties, including alcohol providers. Depending on the circumstances, recoverable damages may include:
Medical Expenses
Emergency care, hospitalization, surgery, rehabilitation, and ongoing treatment related to the injury.
Lost Wages and Loss of Earning Capacity
Income already lost and future earnings that may no longer be attainable because of injury-related limitations.
Physical Pain and Mental Anguish
Compensation for physical suffering, emotional distress, and psychological impact supported by medical evidence.
Physical Impairment or Disfigurement
Damages for permanent injuries that affect mobility, independence, or quality of life.
Property Damage
Repair or replacement of vehicles and other property damaged in the crash.
Wrongful Death Damages
In cases involving fatalities, statutory beneficiaries may pursue damages for:
- Loss of financial support
- Loss of companionship and consortium
- Loss of household services
- Funeral and burial expenses
Families may also wish to review our wrongful death page for additional information.
How Long Do I Have to File a Dram Shop Claim?
Most dram shop and drunk driving claims in Texas must be filed within two years of the date of injury or death. Missing this deadline can prevent recovery entirely.
Just as importantly, evidence critical to dram shop claims, such as bar receipts, surveillance footage, and employee records, may be lost or overwritten over time. Acting quickly ensures your rights are protected and your case is positioned for the best possible outcome.
Why Families Turn to Winocour Law
For more than 135 years, Winocour Law has represented Texans harmed by serious and preventable conduct. Our firm’s dram shop practice reflects a long-standing focus on alcohol-related injuries, regulatory accountability, and evidence-driven litigation.
Led by Jonathan Winocour and Mike C. Miller, a Board-Certified Personal Injury Trial Lawyer, the firm brings decades of experience handling dram shop, catastrophic injury, and wrongful death cases across Dallas and East Texas.
Speak With a Texas Dram Shop Lawyer Today
If you were injured or lost a loved one because a bar or restaurant overserved an intoxicated patron, you may have a strong legal case against the establishment for compensation. Pursuing a dram shop claim often provides the only avenue to fully recover the value of your medical bills, lost income, and other long-term impacts.
Winocour Law brings the investigative resources and legal experience needed to establish overservice, secure time-sensitive evidence, and position your case for the strongest possible recovery. Tell us your story, and we’ll talk more about the value of your case and potential settlement.
Consultations are free and confidential.