Compensation Available After Being Hit in a Drunk Driving Accident
In California and all 50 states, it is against the law to operate a motor vehicle while under the influence of drugs or alcohol. Unfortunately, thousands of drivers make this reckless mistake each year. If you get hit by a drunk driver, a skilled lawyer for injury claims in Los Angeles may help determine if you are eligible to various types of financial compensation for your related losses. Knowing the value of your claim can allow you to seek a fair settlement.
How Does a Drunk Driving Accident Claim Work?
Driving under the influence (DUI) in California can have criminal and civil consequences. In addition to criminal charges and potential jail time, a drunk driver can be required to pay for accident victims’ related losses. California is a fault-based insurance state, which gives crash victims the right to seek compensation from the at-fault party.
Economic Damages
Compensatory damages are available in most car accident claims in Los Angeles, CA. This type of financial award is given to compensate an accident victim for his or her losses in an effort to make the victim whole again.
Compensatory damages are broken down into two categories: economic and non-economic. Economic damages make up for a victim’s financial or monetary losses. In a drunk driving accident case, this may include past and future medical care, lost wages, lost capacity to earn, property damage repairs, and out-of-pocket costs.
Non-Economic Damages
The other type of compensatory damage, non-economic damages, refers to intangible losses the victim suffered because of the drunk driving collision. These may include:
- Pain and suffering
- Emotional distress
- Mental health conditions
- Post-traumatic stress disorder
- Depression or anxiety
- Inconvenience
- The grief of losing a loved one
- Loss of consortium
- Loss of enjoyment of life
Calculating non-economic damages is more difficult than economic damages, as they do not come with hard numbers. This type of award is determined based on the severity of the victim’s injuries and how much the crash has and will continue to impact his or her life.
Punitive Damages
Punitive damages (also called exemplary damages) are more rare than compensatory, but may be available in a drunk driving accident case due to the grossly negligent actions of the defendant. In California, punitive damages are awarded when a defendant behaves with fraud, oppression or malice. The act of driving while intoxicated can be enough to warrant punitive damages in addition to compensatory to punish or penalize the defendant.
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Does California Have Damage Caps?
No, California does not have damage caps on drunk driving accident cases or most other personal injury claims. The only damage cap that currently exists applies to non-economic damages, only in medical malpractice claims. This cap is $250,000 maximum.
How Much Is My Drunk Driving Accident Claim Worth?
Being involved in an accident with a drunk driver can entitle you to financial damages for many past and future losses. Do not accept a fast settlement from a car insurance company in the aftermath of your crash, as it may be less than you deserve. Instead, get advice and assistance from a qualified attorney for a drunk driver accident lawsuit.
Your claim may be worth significantly more than an insurance provider initially offers you. An attorney can represent you during insurance settlement negotiations to advocate for your best interests and pursue maximum compensation on your behalf. This includes bringing your drunk driving accident case to court, if necessary.