What damages can be recovered in a wrongful death or serious personal injury case as a result of a driver who is considered to be under the influence?
Under law, the injured party is entitled to recover past and future medical expenses; past and future loss of income and earning capacity; and past and future pain, suffering and emotional distress. The victim may also recover punitive damages as well. In cases where the victim dies as a result of the accident, a wrongful death claim can be pursued on behalf of the deceased’s estate. The victim’s family would be entitled to recover damages to compensate for monetary losses as well as emotional distress, loss of companionship, comfort and care, and possibly punitive damages.
The damages that are recoverable are governed by the laws within the State that has jurisdiction over the claim.Serious personal injury claims can be very complex and the at fault party and their insurer may assert several defenses to avoid payment of significant amounts in damages. It is highy advised that one contact a personal injury lawyer to discuss such a case and get a clear explanation of the damages that may be available.
