Car accidents caused by drunk driving can have devastating consequences, leaving victims with serious injuries and emotional trauma. But what happens when the responsible party is found guilty of driving under the influence (DUI)? In Louisiana, punitive damages may come into play.
These damages are designed to punish the driver for their reckless behavior and serve as a deterrent for others. Understanding how punitive damages work in DUI accidents is crucial for both victims and defendants involved in these cases.
By gaining a comprehensive understanding of this legal aspect, you can make informed decisions and take appropriate action in seeking justice and compensation with help from a Lafayette car accident lawyer.
What Are Punitive Damages?
While criminal charges are typically brought against the drunk driver, victims may also pursue civil lawsuits to seek compensation for their losses. In a civil claim, you may seek financial compensation for your losses, and in some cases, you may seek punitive damages as well.
Punitive damages are different from the more common compensatory damages, which are meant to compensate the victim for their actual losses, such as medical expenses, lost wages, and pain and suffering.
The purpose of imposing punitive damages is to penalize the offender and discourage future instances of comparable conduct. They are typically reserved for cases involving extreme negligence or intentional misconduct. A Lafayette personal injury attorney can help clarify whether punitive damages are an option in your case.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWhen Can I Seek Punitive Damages?
Louisiana law allows victims of DUI accidents to seek punitive damages when certain conditions are met. To be eligible for punitive damages, the victim must prove that the drunk driver was guilty of willful or wanton misconduct.
This means that the driver knew or should have known that their actions were likely to cause harm, yet acted with conscious disregard for the safety of others.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientHow Punitive Damages Apply to DUI Accidents in Louisiana
In Louisiana, punitive damages may be awarded in DUI accident cases if it can be proven that the defendant acted with a conscious disregard for the rights and safety of others. This means that mere negligence or a simple mistake is not enough to justify punitive damages.
There must be evidence of intentional or reckless behavior on the part of the defendant. Your car accident attorney can gather evidence and work to establish that recklessness or intent was a factor.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientEstablishing a Claim for Punitive Damages
To establish a claim for punitive damages in a DUI accident case, the plaintiff must demonstrate the following:
- The defendant was driving under the influence of alcohol or drugs.
- The defendant’s intoxication was a substantial factor in causing the accident.
- The defendant’s actions demonstrated a conscious disregard for the rights and safety of others.
If these elements can be proven, the court may award punitive damages to the victim or their family as a way to hold the defendant accountable for their reckless actions.
Establishing willful or wanton misconduct can be challenging, but the court may consider several factors. These include:
- The driver’s blood alcohol concentration (BAC) at the time of the accident
- Any prior DUI convictions
- The driver’s level of impairment
Whether the driver was engaged in any other reckless behaviors, such as excessive speeding or distracted driving
Additionally, evidence of the driver’s attitude towards drinking and driving, such as social media posts or witness testimonials, may also be taken into account.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientCalculating Punitive Damages
The amount of punitive damages varies depending on the specific circumstances of the case. Factors considered by the court may include the severity of the injuries caused, the defendant’s level of intoxication, their previous DUI convictions, and their financial situation.
While there is no specific formula for calculating punitive damages, they are typically meant to be substantial enough to have a deterrent effect.
Other Damages Available in a DUI Accident Injury Claim in Louisiana
In addition to compensation for medical bills and lost wages, there are several other types of damages that may be recovered in a Louisiana personal injury lawsuit stemming from a drunk driving accident. These include:
- Pain and Suffering: If the victim sustained physical injuries, even minor ones, they may claim damages for the pain experienced both at the time of the crash and any ongoing pain as a result of residual issues. Emotional distress from the trauma can also be included.
- Disfigurement or Scarring: Scarring or permanent disfigurement from injuries qualifies for non-economic damages. The extent and visibility of any scars affect the value.
- Loss of Enjoyment of Life: Sustaining serious injuries may mean an inability to participate in hobbies, activities, or family time enjoyed before the crash. This loss of enjoyment or quality of life can merit compensation.
- Property Damage: In addition to the harm caused, compensating a victim for their totaled or damaged vehicle and any other personal property ruined in the crash is included. Rental car costs during repairs may also be claimed.
Depending on the specific circumstances of each case, an experienced Louisiana DWI accident attorney can help injured parties determine and quantify all categories of losses they are entitled to recover through legal means. No stone should be left unturned in pursuing full and fair remedy.
Contact a Car Accident Law Firm in Lafayette Today
Punitive damages play an important role in seeking justice for victims of DUI accidents in Louisiana. By punishing reckless behavior that disregards others’ safety, they aim to deter drunk driving and hold negligent parties fully accountable.
However, proving willful or wanton misconduct for a punitive damages claim can be a complex process. It requires thorough investigative work by an attorney well-versed in state law.
At Laborde Earles, our personal injury attorneys have extensive experience navigating the legal pathways to punitive damages in car accident cases. We are here to listen to your story and help you understand your legal options. Contact us today for a free consultation.
