Yes, you can recover punitive damages from a drunk driver in North Carolina. State law specifically permits drunk driving victims to pursue these exemplary damages against the driver. Punitive damages are designed to punish the intoxicated driver for their egregious actions and their disregard for your health and safety. This can operate as a severe punishment to the driver and help you win additional compensation in your case.
Damages in a Drunk Driving Car Accident
There are many types of damages you can recover in a drunk driving car accident lawsuit. These include the following:
- Property damage caused by the accident
- Current and future medical expenses
- Rehabilitation costs
- Psychological treatment costs
- Lost income or earning capacity damages
- Pain and suffering
- Loss of consortium
- Grief and wrongful death damages
These damages include both economic and non-economic costs. They are compensation for what you have been through, rather than a separate punishment of the drunk driver. That is what punitive damages are for.
Punitive Damages in North Carolina Drunk Driving Cases
Punitive damages are specifically meant to punish a defendant for their egregiously wrongful actions and to deter the driver and others from taking the same actions in the future.
North Carolina law specifically allows an injured motorist or pedestrian to recover punitive damages when the defendant’s conduct is willful or wanton. These are situations in which the driver used an intentional or conscious disregard for other drivers’ safety and knew that their conduct could reasonably cause injury.
In North Carolina, drunk driving or driving under the influence of an impairing substance is considered willful or wanton conduct. Other examples of conduct that might be considered willful and wanton include reckless driving, evading law enforcement, and intentional acts which demonstrate a reckless disregard for the safety of others – for example, deliberately running a red light.
While these damages are meant to punish the defendant, you get to collect whatever amount of punitive damages are awarded as part of your total compensation. This can greatly help you after an accident, especially a very serious one.
How Much Can I Win?
A jury gets to determine the amount of punitive damages you will win. They base their decision on how serious the defendant’s conduct was. They will consider whether the actions were on purpose, due to intoxication, the level of intoxication, and much more.
Under most circumstances, North Carolina law limits the amount of punitive damages a person can win. Most are limited to awards of $250,000 or three times the amount of compensatory damages, whichever is higher. This cap was designed to prevent runaway punitive damage amounts in other types of cases.
However, this cap does not apply in drunk driving cases. You can receive far above the cap amount of punitive damages if the jury awards it. The amount you win will depend on many factors, including how serious your injuries were and how egregious the defendant’s conduct was.
Proving Punitive Damages in a Drunk Driving Case
The plaintiff has the burden of proving their right to punitive damages. They must prove their case by clear and convincing evidence—a higher standard than used in the rest of the personal injury case.
Gathering the right evidence and presenting it appropriately is key to winning punitive damages. It is crucial to speak with an experienced personal injury lawyer who knows how to handle drunk driving cases.
Pursue Punitive Damages in a Drunk Driving Accident Case
The skilled team at Ellis Law is here for you. We help you seek compensation in your drunk driving case, including punitive damages. We will guide you through the legal process and seek the compensation you deserve.
Contact us today for a free consultation of your case.
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