It depends. Punitive damages are seldom awarded in personal injury lawsuits. Yet, if the drunk driver acted with malice or egregious negligence, you could recover punitive damages in addition to your other injury-related losses.
A Waxahachie drunk driving accident lawyer from Clay Jenkins & Associates can leverage their years of experience to secure a fair settlement for your injury-related losses. These lawsuits come with filing deadlines, so it’s in your best interest to explore your legal options promptly.
Punitive Damages for DUI Accidents Are Capped
In Texas, punitive damages, also known as exemplary damages, are capped under Texas Civil Practice and Remedies Code § 41.008. This law outlines how much an injured person can recover for punitive damages based on their situation.
These caps are generally as follows:
- Twice the amount of economic damages plus an amount equal to any non-economic damages (like pain and suffering) up to $750,000; or
- $200,000, whichever is greater, if there were no economic damages awarded.
It’s important to note that there are certain exceptions to these caps. By consulting with a car accident lawyer (specifically one from our firm), you can learn about what damages you can recover, along with how much.
For a free legal consultation, call (972) 938-1234
You Can Recover Other Losses in Addition to Punitive Damages
Financial compensation for your drunk driving accident depends on many case-specific circumstances, including the severity of your condition and the details of the collision. You could secure punitive damages if the other driver was a repeat offender, substantially over the legal limit, or a judge otherwise awards them.
Other compensation in your case could include:
Economic Damages
Economic damages are quantifiable financial losses directly resulting from the incident. These include:
- Medical expenses, such as emergency services, hospital stays, surgeries, medications, and ongoing treatments
- Lost wages, including job-specific revenue, like tips and commissions
- Lost future earning capacity, if your condition will hinder your ability to earn your regular income
- Property damage costs to repair or replace your vehicle
- Rehabilitation costs, such as expenses for physical therapy, occupational therapy, and other rehabilitation services
- Home modification costs, or costs associated with modifying your home to accommodate a disability resulting from the incident, such as wheelchair ramps and stairlifts.
- Out-of-pocket expenses (e.g., quantifiable expenses incurred from the collision, such as travel to medical appointments)
Non-Economic Damages
Non-economic damages are subjective, non-monetary losses that do not have specific dollar values. These include:
- Pain and suffering: Compensation for physical discomfort and emotional distress experienced during and after the incident.
- Emotional distress: Financial recovery for psychological hardships, such as anxiety, depression, and PTSD.
- Loss of consortium: Damages awarded for the impact on the relationship between spouses due to the incident, covering loss of companionship, affection, and sexual relations.
- Loss of enjoyment of life: Compensation for the inability to engage in hobbies, activities, and day-to-day pleasures enjoyed before the incident.
- Disfigurement and scarring: Compensation for permanent physical changes that affect appearance and self-esteem.
Caps generally don’t apply to non-economic damages in Texas car accident cases. Yet, if your case involves a government employee (such as an intoxicated mail carrier operating a truck), the state may limit how much you can seek. Your personal injury attorney can clarify your options throughout your working relationship.
What Is the Average Drunk Driving Accident Settlement?
There isn’t a centralized database that keeps track of drunk driving accident settlements, and even if there was, most insurance settlements are confidential. How much you can recover following your motor vehicle accident depends on many factors, including but not limited to:
- The details of the collision
- Any allegations of fault
- The cost of your financial damages
- The severity of your condition
- Your estimated recovery period
- Your missed time from work
- Your age at the time of the crash
When you hire a personal injury lawyer from Clay Jenkins & Associates, you can rest assured that we’ll account for every case-related factor in our calculations, always aiming for the settlement you deserve.
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You Have a Limited Time to File a Car Accident Lawsuit and Seek Damages
You don’t have long to initiate a lawsuit after suffering injuries in a drunk driving accident. Under Texas Civil Practice and Remedies Code § 16.001, you generally have two years from the date of the collision to sue. Negotiating with the insurance company, gathering evidence, and consulting with attorneys do not extend or toll the deadline. Once the two-year statute of limitations expires, so does your right to compensation.
By partnering with a lawyer soon after the collision, you can rest assured that they’ll file your lawsuit in accordance with state law. They can also handle other case-related obligations, from calculating your losses to negotiating a settlement.
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Will Insurance Pay for a Drunk Driving Accident?
After a car accident in Texas, you generally file a claim against the negligent driver’s insurance coverage. However, the insurance company may argue that it’s not liable for accidents a drunk policyholder caused. This is where personal injury cases can get complicated. But it’s not the end of the road for your car accident claim.
Your lawyer can evaluate whether your own insurance coverage offers compensation for your injury-related losses. They may also identify other liable parties. For instance, while a drunk driver may have caused your accident, you could have options under the state’s dram shop laws. Your legal team may also recommend filing a lawsuit against the at-fault party directly, demanding that they pay for your losses.
Can You File a Personal Injury Claim if the Driver Is Arrested?
If the other party was arrested and charged with a crime, this has no bearing on your ability to secure fair compensation for your accident, injuries, and losses. If anything, a conviction could yield evidence that could help your lawyer build a compelling injury claim.
Begin Your Free Consultation with Clay Jenkins & Associates
Since 1948, the car accident lawyers at Clay Jenkins & Associates have resolved countless injury claims, including those involving intoxication. With our advocacy, you can channel your full attention into healing and moving forward with your life. All the while, we’ll focus on building the strongest possible case.
Call now to start your complimentary consultation.
Call or text (972) 938-1234 or complete a Free Case Evaluation form