Damages for Victims of Drunk Driving Accidents
Damages for Victims of Drunk Driving Accidents. If you or a loved one has been injured by someone who thought it was a good idea to get behind the wheel while intoxicated, call Halvorsen Klote now at 877-51-HKLAW or contact us online for a free case review. You need a drunk driving attorney in your corner immediately, someone who understands what it takes to fight for you and your family’s future.
Every day around 800 people are injured in a drunk driving crash in the United States, according to Mothers Against Drunk Driving, and total drunk driving costs each U.S. citizen $500 a year. Despite the costs and damages people still drink and drive, so much so that drunk driving deaths account for over 10,000 deaths or 28 percent of total car accident fatalities.
Damages from Drunk Driving Accidents
Your drunk driving lawyer at HK Law has your best interests in mind throughout your case. Damages from a drunk driving accident include:
- Past medical expenses
- Future medical expenses
- Cost of rehabilitation
- Past lost income
- Future lost income
- Loss of earning capacity
- Lost business opportunities
- Loss of property use
- Cost of property replacement and/or repair of property damage
- Rental vehicle expenses
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
- Emotional distress
- Disability and impairment
- Loss of consortium
- Anxiety and worry
- Anger and resentment
Punitive damages are meant to penalize the wrongdoer and deter others from similarly unacceptable behavior, like driving while drunk. Punitive damages are difficult to prove, however they are often pursued in drunk driving cases. To determine the amount of punitive damages, factors to consider include:
- The defendant’s degree of culpability.
- The severity of the harm caused by the defendant.
- The extent to which the plaintiff’s own conduct contributed to the harm.
- The duration of the conduct, the defendant’s awareness and any concealment by the defendant.
- The existence of similar past conduct.
- The profitability of the conduct of the defendant.
- The defendant’s ability to pay.
- The likelihood the award will deter the defendant or others from like conduct.
Other possible recoverable damages include dram shop laws in Missouri and Illinois. Missouri’s dram shop law — Missouri Revised Statute §537.053 — states that an establishment will be liable for damages caused by an intoxicated patron if it can be proven by clear and convincing evidence that:
- The establishment sold alcohol to a patron who they knew (or should have known) was “visibly intoxicated” or under the legal drinking age.
- The patron consumed the alcohol sold by the establishment.
- The consumption of alcohol was the cause of the injury or death.
The dram shop law in Illinois is unusual because it allows an alcohol vendor to be held liable regardless of whether the vendor did anything wrong. This law is limited to licensed vendors, not social hosts who provide alcohol at parties in their homes.
Damages for Victims of Drunk Driving Accidents | Halvorsen Klote in St. Louis, MO
If you or a loved one sustained injuries caused by a drunk driver, there are numerous potential sources to compensate you for your damages. An experienced drunk driving attorney at Halvorsen Klote can help you determine your options and create a personalized, step-by-step plan for your case.
Can I Sue if My Loved One Was Killed by a Drunk Driver?
Drunk Driving Accidents in Missouri: Can You Sue?