Providing Aggressive Advocacy For Drunk Driving Accident Victims
Despite decades of increasingly strict criminal laws and public awareness campaigns, drunk driving remains a major problem throughout the United States. According to the Virginia Department of Motor Vehicles, approximately 32% of all the Commonwealth’s traffic fatalities in 2019 were related to alcohol-impaired driving. If you or your loved one is a victim of a drunk driving accident, you may have the right to seek compensation by filing a civil suit.
Hupfl Law has extensive experience pursuing claims against drunk drivers. Depending on the egregiousness of the drunk driver’s conduct, that driver may be liable for punitive damages. We believe in the importance of obtaining punitive damages as a means of punishing and deterring drunk drivers and the insurance companies who choose to insure them. If you are injured by a drunk driver, we will fight tirelessly to obtain compensation for your injuries and to punish and deter drunk drivers so that no one else must endure what you’ve been through.
Criminal Charges Do Not Limit Your Ability To File A Civil Suit
When drunk drivers cause an accident that injures or kills others, they deserve to face criminal consequences. But criminal charges do almost nothing to compensate victims financially. That’s where the civil court system comes in.
Even when the drunk driver has been criminally charged, you can pursue a separate civil lawsuit for personal injury or wrongful death. And, in the unlikely event that the driver is criminally acquitted, that outcome doesn’t necessarily prevent you from being awarded compensation. The standard of guilt is lower in civil court than in criminal court, so the driver may be considered civilly liable despite evading criminal punishment.
Compensation For Your Injuries And Losses
We are often asked by clients what their case is worth. Every case is unique, and we won’t know the answer to that question until we dig into the details. We can help you seek compensation for all of your injuries and losses, including:
- Medical expenses (present and future)
- Lost wages from time spent unable to work
- Loss of earning capacity if the accident left you with a disability
- Pain and suffering
- Permanent disability and or disfigurement
In a wrongful death lawsuit, plaintiffs can seek compensation for many of the damages listed above, as well as additional damages related to their loved one’s death, like funeral and burial costs.
You May Be Able To Seek Punitive Damages
In most personal injury lawsuits, victims can seek compensatory damages (like those mentioned above) but are generally not able to seek punitive damages – damages meant to punish the person who caused the harm. Drunk driving cases are often a notable exception.
In Virginia, an injury victim can seek punitive damages if they can show that the at-fault party acted with “willful and wanton negligence.” In a drunk driving accident case, a jury might be convinced to impose punitive damages if the drunk driver’s behavior was particularly shocking, like driving with a blood alcohol content of 0.15% or higher.
Punitive damages are not guaranteed, and Virginia law caps punitive damages at $350,000. However, they may be available in your drunk driving case.
Get the Support You Need
It is important to know your rights and legal options after a drunk driving accident. Contact us today to discuss your case with an experienced personal injury attorney. We are dedicated to helping you understand your legal options and working towards the compensation you need to recover and move forward.
