Types of Damages Available in Drunk Driving Accidents
Drunk driving accidents are among the most devastating and preventable incidents on the road. When a person chooses to drive under the influence of alcohol or drugs, they put countless lives at risk. For victims of these senseless acts, the physical, emotional, and financial toll can be overwhelming. Fortunately, the legal system allows victims to pursue civil litigation.
At StachlerHarmon Attorneys at Law, our Ohio personal injury attorneys help clients who have been involved in drunk driving accidents. Here, we’ll take an in-depth look at the types of damages available to victims of a drunk driving accident, how these damages are calculated, and the factors that influence the outcome of a claim.
Defining Damages
In law, "damages" are monetary awards given to individuals who have suffered harm because of someone else's negligent or wrongful actions. In a drunk driving accident case, damages generally fall into two main categories: compensatory and punitive. Compensatory damages are meant to reimburse the victim for their losses and help restore their quality of life.
Punitive damages, on the other hand, are meant to punish the at-fault driver and discourage similar reckless behavior in the future. The types and amounts of damages available can vary widely depending on the facts of the case. Factors such as the severity of the crash, the extent of the injuries, and how the accident has affected the victim’s daily life all play a role.
Compensatory Damages in Drunk Driving Accident Cases
Compensatory damages can be further divided into two main categories: economic damages and non-economic damages. These are the most common forms of compensation awarded in drunk driving accident claims. Economic damages cover measurable financial losses, while non-economic damages address the emotional and psychological toll of the accident.
Medical Expenses
One of the most immediate and significant types of damages in a drunk driving accident case is medical expenses. These costs include emergency room visits, surgeries, hospital stays, rehabilitation, medications, physical therapy, and long-term care. If the victim has sustained catastrophic injuries, medical expenses can span a lifetime and reach into the millions of dollars.
Lost Income and Loss of Earning Capacity
Many victims of drunk driving accidents are unable to return to work immediately, if at all. Lost wages are recoverable for the time missed due to hospital stays, doctor visits, or physical recovery. Additionally, if the injuries permanently affect a person’s ability to earn a living, they may be able to receive damages for loss of future earning capacity.
Property Damage
Vehicle repair or replacement is another major cost in a drunk driving accident. Victims may recover compensation for damage to their car or any personal items inside it. In some cases, if the vehicle is totaled, the victim may also be entitled to reimbursement for its fair market value before the crash occurred.
Non-Economic Damages for Pain and Suffering
Not all injuries are physical or visible. Victims often endure immense pain, emotional trauma, and psychological distress. Non-economic damages compensate for the mental and emotional suffering that accompanies serious injuries. This includes anxiety, depression, PTSD, loss of enjoyment of life, and the pain of adjusting to a new normal after an accident.
Punitive Damages in Drunk Driving Accident Cases
Punitive damages aren’t awarded in every personal injury case, but they’re far more common in situations involving drunk driving. Unlike compensatory damages, which focus on the victim’s losses, punitive damages are intended to punish the at-fault driver and send a strong message that reckless behavior won’t be tolerated.
To award punitive damages, the court must find that the driver acted with gross negligence, recklessness, or willful disregard for the safety of others. Driving under the influence often meets this threshold. In fact, many states have statutes that specifically allow punitive damages in drunk driving cases.
Wrongful Death Damages in Fatal Drunk Driving Accidents
When a drunk driving accident results in a fatality, the victim’s surviving family members may file a wrongful death lawsuit. These cases are emotionally complicated and legally challenging, but they play a critical role in holding drunk drivers accountable for the most tragic consequences of their actions. Wrongful death damages may include:
Funeral and burial expenses
Loss of the deceased’s expected income
Loss of benefits
Loss of companionship, guidance, and support
Emotional pain and suffering of surviving family members
Each state has specific laws regarding who may file a wrongful death claim and what damages are available. In most cases, the spouse, children, or parents of the deceased are eligible claimants. For help understanding what damages may be available to you, contact StachlerHarmon Attorneys at Law.
Factors That Affect the Value of a Drunk Driving Accident Claim
The types of damages discussed earlier provide a general structure, but the actual compensation a victim may receive depends on several important factors. Each case is different, and the outcome can be influenced by both legal and practical considerations. Understanding these elements can help set realistic expectations and strengthen your claim.
Severity of injuries: More serious injuries generally result in higher settlements or jury awards.
Insurance coverage: The drunk driver’s insurance policy limits may affect the amount of compensation available. In some cases, the victim’s uninsured/underinsured motorist coverage may also come into play.
Criminal conviction: If the at-fault driver is criminally convicted of DUI, it may strengthen the civil case and increase the likelihood of punitive damages.
Comparative fault: Some states follow comparative negligence rules, meaning the victim’s own fault (if any) could reduce the amount of damages they receive.
Availability of evidence: Police reports, eyewitness statements, BAC results, dash cam footage, and expert testimony all play a role in proving liability and establishing damages.
These factors can significantly impact the total value of a drunk driving accident claim. Having strong legal representation can make a major difference in how these elements are presented and interpreted. A thorough, well-prepared case is often the key to maximizing compensation and achieving justice.
How an Experienced Attorney Can Help
Pursuing a personal injury claim after a drunk driving accident isn’t just about recovering money; it’s about achieving justice, finding closure, and making sure that reckless drivers are held accountable. An experienced personal injury attorney can play a crucial role in this process by guiding you through intricate legal procedures and protecting your rights in the following ways:
Gathering evidence to establish the driver’s intoxication and liability
Consulting with medical experts to evaluate long-term health impacts
Calculating the full scope of economic and non-economic damages
Negotiating aggressively with insurance companies
Representing you in court if a fair settlement can’t be reached
Having legal representation is especially important when seeking punitive damages or when multiple parties (such as bars or restaurants that overserved the driver) may be held liable under “dram shop” laws. A dedicated attorney can uncover every potential source of liability to strengthen your case.
The Importance of Acting Quickly
Every state has a statute of limitations for filing a personal injury or wrongful death lawsuit. This legal deadline can range from one to several years, depending on where the accident occurred. If you wait too long, you may lose your right to pursue compensation entirely. Acting quickly also makes sure that critical evidence is preserved and witnesses’ memories remain fresh.
Speak With a Personal Injury Attorney Today
Victims of a drunk driving accident face more than just physical injuries; they often experience long-term emotional trauma, financial hardship, and life-altering changes. Fortunately, the law provides a path to compensation through various types of damages. StachlerHarmon Attorneys at Law help clients in Dayton, Ohio, as well as Warren, Greene County, Clark County, Miamisburg, Butler County, and Preble County. If you’ve been affected by a drunk driving accident, contact our firm today.