DUI Personal Injury Case
LexInter | July 3, 2022 | 0 Comments

Damages Available in a DUI Personal Injury Case

If you’ve been injured in a DUI accident, the most likely cause will be the fault of the drunk driver. Therefore, they are liable for any damages they have caused to those injured.

List of Damages in a DUI Personal Injury Case

  • Pain and suffering
  • Mental anguish
  • Medical expenses
  • Loss of earnings or earning capacity
  • Loss of support from one’s spouse, children, or other dependents

Vehicle damage and property damage are usually dealt with under insurance coverage.

Pain and Suffering from Personal Injury

Owi vs Dui

According to Jason Maier, who is widely considered the best car accident attorney in Las Vegas, you may be able to get compensation for the pain and suffering you have experienced as a result of the accident. You will need to prove that the accident caused pain and suffering. This cannot be easy because it is subjective.

Your compensation will depend on how much pain and suffering you experienced, how long it lasted, and how severe it was. Awards for pain and suffering can range from tens to hundreds of thousands of dollars. However, it is usually awarded in the lower end, mainly when no property damage has occurred, because property damage is compensated by insurance companies, which usually pay higher amounts than individual plaintiffs can.

Mental Anguish from Personal Injury

According to attorney Todd A Kawecki, if you were injured in an accident, you might be able to claim damages for mental anguish. You should be able to convince the court that the accident has caused mental pain and suffering. If you have suffered depression or post-traumatic stress disorder as a result of the accident, you may be able to sue the drunk driver for compensatory damages.

This cannot be easy because it is subjective and will depend on how reasonable your expectations are. To show that you have suffered mental anguish, you need to undergo psychiatric tests and treatments even if you are not diagnosed with a mental disorder by a certified psychiatrist.

If you’ve suffered mental anguish due to your injuries, there are several ways that this can be proven in court. Mental anguish may include:

  • Nervousness
  • Physical manifestations of one’s mental state, such as stomach problems or headaches
  • Depression from being unable to work
  • Feelings of anxiety and paranoia

If you were involved in an accident, you should be talking with an accident attorney about how this may have affected how you live your life. You may also have difficulty getting a job or dealing with everyday activities. You must take time to heal and recover from any physical or psychological problems that may be caused during the week following the accident.

Tools Used to Determine OWI vs DUI Punishment

Medical Expenses

You may be able to get compensation for the medical expenses that you have had to pay as a result of the accident. If you have been involved in an accident and if the drunk driving collision caused your injuries, you may be able to collect compensation for:

  • Initial medical expenses
  • Ongoing medical expenses
  • Lost wages due to your injuries due to having to take time off work

This is one of the most common damages in a personal injury case.

Loss of Earnings or Earning Capacity

If your injuries have affected your ability to work in the past and the future, you may be able to collect damages for this loss. If you are injured in an accident, you may need time off work to recover and medical treatment to help treat the injuries caused by accident. In some cases, your injuries may be such that they impair your ability to perform manual labor.

What Determines The Difference Between OWI and DUI

Loss of Support from Spouse, Children or Other Dependents

If you have been injured due to someone else’s drunk driving, your spouse may be able to collect damages for support. They will need to show that the other person negligently caused the accident by driving under alcohol.

Your spouse may also be able to collect compensation from the drunk driver if you own a house or if you have children who depend on you financially.

Primary Article Source: Todd A Kawecki, a DUI attorney in Palm Beach Gardens

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