If you were injured in an accident with a drunk driver, you may be able to collect economic and non-economic relief. Our experienced Las Vegas car accident lawyer at the Van Law Firm can walk you through the process, advise you on how fault is determined, and what kind of approach applies to your case.
According to data from the National Highway Traffic Safety Administration (NHTSA), alcohol-impaired driving remains a leading cause of traffic fatalities in the United States. But the statistics don’t tell the whole story. For each data set, there are countless shattered lives, families torn apart, and communities grieving over preventable tragedies. The aftermath of a drunk driving accident often leaves lasting scars, both physical and emotional, on victims and their loved ones.
Damages can be classified as: economic damages, which encompass tangible financial losses such as medical expenses and lost wages; and non-economic damages, which cover intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
Types of Damages You Can Recover in a Drunk Driving Accident
The damages you can collect after an accident with a drunk driver are as follows:
Economic Damages
Medical Expenses: Medical expenses encompass various costs associated with treatment, including:
- Hospital bills
- Doctor’s fees
- Prescription medications
- Rehabilitation services
- Diagnostic tests
Lost Wages: Lost wages refer to income that a victim could not earn due to their injuries, including:
- Wages or salary
- Bonuses or commissions
- Sick leave or vacation time used
Property Damage: Property damage involves the cost of repairing or replacing damaged property, such as:
- Vehicle repair or replacement
- Damage to personal belongings
- Repair costs for damaged buildings, bridges, sidewalks, guardrails and son on
Non-Economic Damages
Pain and Suffering: Pain and suffering include physical discomfort and emotional distress experienced by the victim, including:
- Physical pain from injuries
- Emotional anguish and mental suffering
- Loss of enjoyment of life – specifically, the inability to do things you once liked doing, such as participating in recreational sports or playing with your children or grandchildren
Emotional Distress: Emotional distress is a general term used to describe psychological harm resulting from the accident, such as:
- Anxiety and depression
- Post-traumatic stress disorder (PTSD)
- Sleep disturbances and nightmares
Loss of Consortium: Loss of consortium refers to the deprivation of spousal or familial benefits due to the victim’s injuries, including:
- Loss of companionship and intimacy
- Inability to perform household duties
- Impact on family relationships and dynamics
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Punitive Damages You May Recover in a Crash With a Drunk Driver
Punitive damages, also known as exemplary damages, are intended to punish the defendant for particularly egregious conduct. Unlike regular damages, which are meant to cover the actual harm done, punitive damages are intended to punish the defendant for their wrongdoing and deter others from behaving similarly in the future. Some states allow punitive damages to be awarded in DUI (Driving Under the Influence) cases under certain circumstances.
They act as a strong warning to the person or company responsible for the harm, and as a reminder to others that such behavior won’t be tolerated. Punitive damages are not awarded in every case and are usually only given when the defendant’s actions were particularly harmful or intentional.
An attorney familiar with the laws in your state can determine whether punitive damages may be available in a DUI case. He or she can also help you understand the specific requirements and limitations that apply.
Factors Affecting Damages Available In DUI Cases
The amount of compensation you can recover after a crash with a drunk driver depends on several factors.
Severity of Injuries: The extent of physical harm the victim sustained plays a significant role in determining the amount of compensation awarded. Factors to consider regarding the severity of injuries include:
- The type and amount of medical treatment required
- The medical prognosis Any permanent disabilities or disfigurement resulting from the accident
- The impact of the injuries on the victim’s ability to perform daily activities and work
Degree of Negligence: The level of negligence exhibited by the legally responsible party is a crucial factor in assessing damages. Factors influencing the degree of negligence may include:
- Whether the defendant’s actions were intentional or accidental
- The defendant’s awareness of the risks associated with their behavior
- Any prior history of similar misconduct or disregard for safety regulations
- Compliance with traffic laws and regulations at the time of the accident
Impact on Quality of Life: Calculation of losses and compensation may also be influenced by the adverse effects of the accident on the victim’s overall quality of life. Considerations related to the impact on quality of life include:
- The victim’s emotional and psychological trauma
- Loss of enjoyment of life or inability to pursue previous hobbies or activities
- Changes in personal relationships or family dynamics resulting from the accident
- Any long-term emotional or psychological consequences affecting the victim’s well-being
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The Role of Jurisdictional Differences in Drunk Driving Accident Cases
The laws and legal precedents governing personal injury cases can vary significantly from one jurisdiction to another. These include:
Statute of Limitations
The statute of limitations dictates the timeframe within which a lawsuit must be filed after an accident. Each state imposes its own law, typically one to six years. Failure to initiate legal action within this period may result in the forfeiture of the right to seek compensation. Exceptions to the statute of limitations exist for specific circumstances, such as cases involving minors or delayed discovery of injuries.
Comparative Negligence
Comparative negligence is a legal doctrine used to assign a percentage of blame to one or both parties and determine legal responsibility in personal injury cases. Under this principle, the compensation awarded to the injured party may be reduced in proportion to their degree of fault for the accident. States employ either pure comparative negligence or modified comparative negligence rules, impacting how losses and compensation are calculated. Comparative negligence assessments consider the actions and behaviors of all parties involved in the accident.
Insurance Coverage Limits
Insurance coverage limits refer to the maximum amount an insurance policy will pay out for a covered claim. In accidents, liability insurance policies provide compensation to injured parties for physical, emotional and financial harm resulting from the insured party’s negligence. Policies typically have both per-person and per-accident coverage limits, impacting the total compensation available. Understanding these limits is crucial for determining potential sources of compensation, especially when coverage proves insufficient for full restitution.
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If you were injured in an accident with a drunk driver, getting better should be your first priority. But you can’t concentrate on your recovery if you are stressed or anxious about dealing with insurance companies or seeking legal recourse on your own. That’s why retaining an experienced lawyer is so important. The personal injury attorneys from Van Law Firm provides peace of mind by guiding you through the entire process from your first consultation through the resolution of your DUI accident case.
Contact us to discuss your case and schedule a free consultation today.
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