How to Get Punitive Damage Compensation
Civil lawsuits are very often the subject of injuries caused by drunk driving. Although drunk drivers may face grave criminal charges, including restitution and prison sentences, if they are tried by their victims, they can also face civil liability. If a drunk driver injures you or a loved one, a civil suit can be your best way to remedy losses. Consult your auto accident lawyer in Oklahoma.
Drunk driving accidents can in many cases lead to serious injury and death. If victims or their relatives prove that the driver is drunk, they may have the right to compensation for damage resulting from the crash. As driving drunk is extremely rash, victims may also have the right to punitive damage. This kind of indemnification is not awarded for special losses, but other purposes of compensating victims. Find out what about punitive damages you need to know below.
An overarching principle behind personal injury law is that victim compensation should be paid for any damage resulting from an accident, like the costs of repairing his or her vehicle or receiving medical care for accidental injuries. The damage is known as damage compensation. Punitive damages are however different from other damage types. It is not intended to make up for the victim' costs. Rather, as to punish for questionable behavior and deter similar behavior in the future.
Typically, these damages are granted only when the behavior is especially irresponsible. Moreover, to receive punitive damages, you must specifically request. Since people choose to drink and drive on their own, victims of drunk driving accidents can receive punitive damage more often.
Wrongful Death and Drunk Driving
If you or another duly designated personal representative are related to a person who died by a drunk driving accident, you can file in a civil suit on behalf of the dear person for wrongful death. A wrongful case of death settlement is often used by family members as a mechanism to ensure financial stability for those surviving. Wrongful death charges are a change to the standard personal injury negligence proceedings and usually follow the same map. There is both economic and non-economic harm and punitive harm may also be permitted in some states. Punitive damage is arbitrary in the sole aim of punishing the drunk driver and preventing future drunk driving events.
Getting Punitive Damages from a Drunk Driver
First of all, it is important to file a complaint concerning driving while being intoxicated (DWI). In this formal legal document, the negligent party is identified, and your complaint and damages are summarized. You need to claim, or they will not be awarded punitive damage.
It is important to monitor the results of that case when the other driver has been arrested. There can be evidence that your lawyer can present to show that the driver had been drunk, for example, the results of a breathalyzer or blood test.
It is important for you to know that the amount of punitive damage that you can collect is limited by state law if you can meet this burden of evidence.
Hire an Experienced Lawyer
If a drunk driver has injured you, a qualified Oklahoma auto accident lawyer is important for you to seek legal assistance. Our The West Law Firm team can carry out an in-depth examination of your accident and gather evidence that the driver was affected by drugs or alcohol. We will also work quickly to build your case. Contact us today to discuss your situation.
** Disclaimer: The above article does not imply a relationship between attorney and client, nor is it legal advice.