What Are Punitive Damages in Drunk Driving Cases in Las Vegas?

Driving under the influence (DUI) of drugs or alcohol is illegal in Las Vegas and throughout the United States, but as one of the most notorious party towns in the country, DUI is a pervasive issue that causes many accidents each year. When a DUI results in a collision, the at-fault driver can face severe consequences, including punitive damages. But what are punitive damages in drunk driving cases in Las Vegas?

What Are Punitive Damages in Drunk Driving Cases in Las Vegas?

Punitive damages, as the name suggests, are intended to punish a defendant for their actions rather than compensate a victim for their losses. These damages are awarded at the discretion of the judge handling the case to punish a defendant for egregious negligence or illegal misconduct that has harmed the plaintiff. The amount they pay will typically depend on their financial situation and the severity of their actions.

In a drunk driving accident case, the injured victim has the right to pursue compensation for any damages they suffered because of the defendant’s actions. Economic damages in a drunk driving accident case typically include medical expenses, lost wages if they cannot work while they recover, and the cost of repairing or replacing their vehicle. The plaintiff also has the right to claim pain and suffering compensation from the defendant.

These damages aim to repay the victim for their losses, and when the victim also receives punitive damages, it can significantly increase the total compensation they receive for a DUI accident. When you hire Easton & Easton to represent you in a drunk driving accident case, we can explain what to expect when it comes to the compensation you could receive and whether punitive damages are likely to factor into your recovery.

Understanding the Dangers of Drunk Driving in Las Vegas

According to the Nevada Departments of Public Safety and Transportation, there were 708 drunk driving accidents resulting in 790 fatalities in Nevada between 2018 and 2022. DUI accounted for more than 50% of all vehicle accident fatalities in the state during these four years. Clark County had the highest number of DUI accident deaths, 71% of which occurred in urban areas like Las Vegas.

The Las Vegas Metro Police Department is vigilant for signs of impaired driving, and DUI is one of the most commonly prosecuted crimes in the area. Unfortunately, despite consistent efforts from state and local authorities to curb drunk driving and the accidents this behavior often causes, drunk driving continues to rank as a leading cause of vehicle accidents in Las Vegas. If you were hurt in such an accident, you should consult an experienced Las Vegas DUI accident attorney right away.

Recovering from a drunk driving accident will follow a similar set of steps to what you could expect following any other vehicle accident, with a few exceptions. You can still file a claim against the defendant’s auto insurance carrier, but their insurance may only provide limited compensation, or they may not have insurance at all. You will likely need to file a personal injury case, and the illegal nature of the defendant’s actions could influence the outcome.

The state will handle prosecuting the defendant for breaking the law, but this criminal case does not aim to secure compensation for you. You will need to build a civil case, and the illegal nature of the defendant’s actions could lead to an increased recovery. Reach out to an experienced Las Vegas drunk driving accident lawyer to start building your case.

FAQs

How Much Can I Receive in Punitive Damages in a Drunk Driving Accident Case?

The amount you could receive in punitive damages in a drunk driving accident case will largely depend on the overall severity of the defendant’s actions and the scope of the damages they caused. Additionally, a judge will take the defendant’s financial situation into account, meaning wealthy defendants typically pay much more in punitive damages than those who control limited assets.

Will the Defendant in a Drunk Driving Accident Case Go to Jail?

It is very likely for the defendant in a drunk driving accident case to face jail time. Penalties for DUI in Nevada usually include fines, jail time, and driver’s license suspension, and causing an accident, especially one resulting in injury or death, is likely to escalate the defendant’s penalties significantly. A defendant is also likely to face jail time if they have a record of prior DUI offenses.

Do I Need to Hire a Lawyer to File a Drunk Driving Accident Case?

You should always hire a lawyer to file a drunk driving accident case and to have the optimal chance to succeed with the case. The right attorney can make a tremendous positive impact on the outcome of your legal efforts to recover from the accident. They can also explain how the criminal case against the defendant could impact your recovery and what to expect when it comes to punitive damages you might receive.

What Is a Drunk Driving Accident Case Worth in Las Vegas?

The potential value of a drunk driving accident case in Las Vegas depends on the serious nature of your injuries. If you can prove fault, the defendant will be liable for the full extent of the economic damages you suffered, as well as pain and suffering compensation. If you receive punitive damages this could significantly increase your total recovery.

What Should I Do First After a Drunk Driver Accident in Las Vegas?

The first thing you should do after a drunk driver accident in Las Vegas, if you can do so, is contact the police immediately to report the accident. Calling 911 is crucial to ensure first responders arrive on the scene as quickly as possible, and this will generate a police report that you will need later. Once you receive medical treatment for your injuries, you should reach out to an experienced drunk driving accident lawyer at your first opportunity.

The attorneys at Easton & Easton have successfully helped many past clients recover from drunk driving accidents in Las Vegas and the areas surrounding it. We understand that you’re likely to have many questions about your situation and may wonder what type of compensation you can claim. Contact us today to schedule a consultation and learn how we can help with your case.