(Newswire.net — November 5, 2020) — If you or a family member have been in a car accident that was caused by a drunk driver, you could be eligible for a settlement to cover the cost of your injuries and punitive damages. The compensation you receive will likely be more than what you would receive for an accident if the at-fault driver were not intoxicated. In some states, you can file for punitive damages if it is clear that the drunk driver showed blatant disrespect for the safety and rights of other individuals.
What Do Punitive Damages Entail?
According to some state laws, if a person has a certain blood alcohol level when they are tested by police at the scene of the accident, you can file for punitive damages. You’ll have to provide evidence in court that the driver exhibited reckless behavior that caused you injury and possibly put your life in danger. According to some state laws, this is the criteria for an intoxicated driver:
- Has a blood alcohol level of 0.15 or more
- Has aware that they were impaired before getting behind the wheel
- Caused the collision due to drunkenness
You can take the driver to court to sue for punitive damages. It is also important to note that the driver can’t avoid being charged for punitive damages if they avoid or refuse to take a blood-alcohol test at the accident scene.
State Drunk Driving Laws
Most state laws regarding drunk driving indicate the severity and repercussions of drunk driving since these accidents can cause permanent injury or could be fatal. The average settlement amount for punitive damages in some areas is up to $350,000. This amount is in addition to the monetary award you deserve for any injuries you sustained in the car wreck.
These hefty fines serve as a way to punish the drunk driver and prevent them from repeating their mistake. Of course, the settlement funds also serve to ensure that your medical bills are covered and you have the money to repair or replace your vehicle. States and counties also punish intoxicated drivers with large fines to deter other members of the community from driving while drunk.
Understanding Compensation Types
In automobile accident cases, compensatory damages are classified as the funds that are designated to repay you for any damages you suffered in the accident. These damages could include things that are economic or tangible, like wages that you lost if you had to miss work to heal from the accident.
Compensatory damages also include property damage i.e. your car was totaled or your personal items like electronics or jewelry were destroyed. Your settlement should also cover your medical bills so you won’t have to worry about covering the cost of your hospital stay or paying for medication, crutches, or a wheelchair.
You may also be eligible for damages that are classified as non-economic. This is payment for losses that may be difficult to quantify, like pain and suffering, mental anguish, or loss of companionship.
Keep in mind that punitive damages, unlike compensatory damages, are not designated to pay the victim. However, these damages can increase the total award you receive when you win your car accident case. The purpose of punitive damages is to punish the drunk driver and hopefully increase the chances that they will never drive drunk and put someone else in danger again.
Get a free consultation for your personal injury case by contacting a qualified lawyer. Research attorneys to find one who has experience in car accidents and punitive damages. Your lawyer will explain every detail of your case and let you know which steps to take to ensure you receive fair compensation.