If you have suffered injuries in an accident involving a drunk driver, the value of your claim may be higher than a similar case in which the other driver was not drunk. If you allow us to file your DUI accident case court, we can generally obtain for you a premium of about 20% – 50%. We must file in order to obtain such a premium due to the fact that insurance companies often don’t take into account the nature of the negligent act that led to an accident – they tend to only be concerned with whether or not the person they insure was at fault. When faced with the prospect of defending a person who was driving drunk in court, insurance companies know they have slim chances, and will be willing to settle for a larger amount.
The reason DUI accident cases often result in higher compensation is because these cases can involve punitive damages. Punitive damages refer to compensation that is supposed to punish the reckless behavior of the driver, in addition to the usual damages involved in normal negligence cases. When handled by an experienced attorney, the potential for punitive damages can yield a higher settlement value.
Receiving Damages Known As Punitive From a DUI Accident
Without an attorney beside you, it can be difficult to get punitive damages. It’s not even possible to request punitive damages upon first filing a lawsuit. First, the lawsuit must be filed. Then, it’s necessary to go on with discovery (depositions, asking for documents and admissions), at which time you can file another motion that alleges punitive damages. The party going after punitive damages must be able to stand on solid ground with this claim in light of admissible evidence to the point of being able to convince a jury that their claim is justified. This can be a burdensome task.
Your DUI Accident Settlement’s Value Including Punitive Damages
In addition to lost wages and medical expenses, pain and suffering can be an additional element in a DUI accident claim. Your injuries may have negatively impacted your ability to function. Your pain may restrict your ability to perform everyday tasks. You may lose income and job opportunities in the event you have suffered a permanent injury. You may also have future medical expenses coming down the line. All of these losses constitute damages you can be entitled to compensation for.
Assuming that your lawsuit has been amended to include a punitive damages claim, the step of proving that these damages are due now comes into effect. While this may seem simple in principle, it can be difficult in practice, particularly when dealing with experienced defense attorneys. Luckily, this won’t be a problem for someone who has obtained representation from one of our competent and aggressive Oregon DUI accident attorneys.
Contact Us Now
If a person driving drunk in Oregon has injured you, reach out to us immediately. We will fight for the full compensation you deserve.