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Can You Sue A Drunk Driver for Punitive Damages?

By Luke Worli posted 09-30-2020 08:48 PM

  

When a drunk driver injures someone, they may not only face criminal prosecution but a personal injury claim in civil court too. Filing such a claim is necessary in order to collect compensatory damages, such as for medical expenses or lost wages. Punitive damages are meant to punish drunk drivers and discourage such reckless and harmful behavior in the future. 

They are an extra source of award to the victim and can only be awarded in or after a trial. In most states, the reckless indifference to the interest of others due to drunk driving is sufficient to allow for a claim of punitive damages. 

The difference between compensatory and punitive damages

Compensatory damages are intended to replace what was lost. They include medical expenses, lost wages, loss of earning capacity, pain and suffering and loss of consortium. 

When it comes to recovering punitive damages, simply finding a driver negligent is not sufficient. The at-fault party must have behaved in a manner that is deemed to be malicious or consciously indifferent to the consequences of his or her actions.

DUI attorney, John Kitchin, is located in Leawood, KS and his law firm, Kitchin Law, actively handles criminal defense cases throughout Kansas and Missouri. 

Building a strong case

Any signs of drunk driving noticed before an incident, such as erratic driving, weaving between lanes, or crossing the center line should be included in a statement. The names and numbers of nearby witnesses need to be taken so the lawyer can interview them later. 

If there is strong evidence of drunk driving at the scene of an accident, the attending officer may arrest the driver. If the driver is convicted, this information can be used to support a claim for damages. 

William Allen and Greg Abaray, partners at Allen and Abaray law firm, believe it is important to fully prosecute people who drink and drive, thus putting other people’s lives at risk. Greg Abaray is a Florida personal injury attorney licensed to practice in all state courts within Florida and he handles personal injury, insurance, wrongful death and medical malpractice cases. 

Punitive damages

Special permission has to be granted prior to a trial in order to get punitive damages. There has to be a reasonable foundation for punitive damages. Even when a judge allows a plaintiff to seek punitive damages, a jury still has to decide if it is warranted.

The judge holds a second smaller trial with the same jury to decide whether the wrongdoer should pay punitive damages in addition to compensatory damages already received. 

The jury needs convincing evidence to show that the at-fault party was guilty of gross negligence or intentional misconduct and that this caused substantial harm to the victim. Jury members will examine all the circumstances, such as the individual’s driving history, provocation, and evidence of blood alcohol concentration

Punitive damages increase plaintiff’s reward

Punitive damages can increase the value of a plaintiff’s reward after a life-altering accident caused by the recklessness of a drunk driver. The amount received depends on various factors, such as whether the at-fault party caused the harm intentionally and was aware of the dangerous nature of the actions. 

Insurance companies will often do everything they can to play down or hide drunk driving from a jury at a trial. Aggressive legal representation can prove that the drunkenness of the driver is a cause for punitive damages. 

Those suffering from an injury or loss of a loved one due to the reckless actions of a drunk driver should be able to get compensatory and punitive damages.

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