Drunk driving cases are complex and have a number of factors that make them complex. In addition to the normal types of damages that one would get, such as compensatory damages, lost wages, medical bills, etc., they also have an element of punitive damages, which are damages intended to punish the individual and also send a message to the community that this type of behavior will not be tolerated.
Punitive damages are awarded by statute and also by common law. In Virginia, there are different levels of punitive damages in drunk driving cases. If there is a violation in the BAC of over .08, it has a certain type of damage. If the BAC increases to .15 or above .15, the evidence becomes easier.
If you’ve been injured in a drunk driving crash and would like to learn your legal options, don’t hesitate to reach out. At Shapiro, Washburn & Sharp, we can evaluate your case and determine your recourse for recovering damages. Call us today at 833-997-1774 for a free consultation.
What Are Economic Damages in a Drunk Driving Case?
Economic damages in a drunk driving case refer to quantifiable financial losses, such as medical expenses, lost wages, and property damage. Medical expenses can include both immediate treatment costs and long-term care, such as surgeries, physical therapy, or ongoing rehabilitation.
Lost wages refer to the income the victim has lost due to their inability to work while recovering from their injuries. In some cases, if the injury results in a long-term disability or diminished earning capacity, future lost wages may also be considered.
What Are Non-Economic Damages in a Drunk Driving Case?
Non-economic damages in a drunk driving case account for the intangible losses that a victim suffers, which cannot be directly measured in terms of money. These damages typically include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (damage to the victim’s relationship with their spouse).
Pain and suffering damages cover both the physical pain caused by the injury and the emotional suffering that comes with it, including anxiety, depression, and trauma.
Non-economic damages also encompass the reduction in the victim’s quality of life, such as the inability to engage in activities they once enjoyed due to the injury. These damages are more subjective and are usually determined by the severity of the injury and the impact on the victim’s life.
Can Punitive Damages Be Awarded in a Drunk Driving Case?
Yes, punitive damages can be awarded in a drunk driving case. Unlike economic and non-economic damages, which are meant to compensate the victim for their losses, punitive damages are designed to punish the at-fault driver for their reckless behavior and to deter others from engaging in similar conduct.
In cases of drunk driving, where the defendant’s actions are particularly egregious or willful, such as having a very high blood alcohol concentration (BAC) or a history of driving under the influence, punitive damages may be awarded. These damages are not based on the victim’s losses but are intended to penalize the defendant and serve as a deterrent. However, punitive damages are not automatically granted and are typically only awarded in cases where the driver’s conduct goes beyond ordinary negligence.
What Are Wrongful Death Damages in a Drunk Driving Case?
In cases where a drunk driving accident results in the death of the victim, the surviving family members can pursue wrongful death damages. These damages are intended to compensate for the loss of a loved one and the emotional and financial impact that death has on the family.
Wrongful death damages can include economic damages such as funeral costs, loss of future income that the deceased would have contributed, and loss of support. Non-economic damages, including the emotional pain and suffering caused by the loss of companionship, guidance, and care, are also part of wrongful death claims.
In certain cases, punitive damages may also be awarded in wrongful death cases to punish the drunk driver for their reckless actions and to deter similar behavior in the future.
How Can Our Personal Injury Firm Help?
At Shapiro, Washburn & Sharp, we have decades of experience handling personal injury claims. We understand how to navigate the legal process and work with you to maximize the value of your car accident case.
If you’ve been injured in a drunk driving accident, feel free to give us a call at any time. We’d be more than happy to discuss your case, your options, and the best plan of attack to ensure that you are fairly compensated and taken care of for your injuries.
Call us at 833-997-1774 to schedule a free consultation, and let us help you get the compensation you deserve.