Some types of vehicle collisions like DUI accidents tend to cause catastrophic injuries. Property damage is also often severe, even when vehicles aren’t traveling at overly high rates of speed.
You’re pretty sure the at-fault driver is going to end up with a criminal DUI charge. This takes care of the punishment phase, but what about your damages? What are your recoverable damages in an El Paso DUI claim? Knowing what you may be able to recover can help ensure you’re not leaving anything out of your DUI accident claim.
Potentially Recoverable Damages in an El Paso DUI Injury Claim
Every DUI accident is different and this can impact your damages. For example, a minor fender bender in a bar parking lot probably isn’t going to cause significant injuries. On the other hand, a DUI accident on the highway is usually more severe. This typically means your list of recoverable damages is a little more extensive.
With that being said, pretty much all DUI accident claims in Texas list some of the same types of economic and non-economic damages.
Economic Damages in DUI Accident Claims
If you can’t list any economic damages, there’s a good chance you don’t have a personal injury claim. You can’t just file a claim simply because your vehicle is passed by a suspected drunk driver. You must suffer some loss, even if it’s minor like a dented fender.
Your economic damages are tangible losses, meaning you can show their financial impact on your life. So, what classifies as economic damages?
- Medical costs. Your medical expenses typically cover things like doctor’s appointments, treatment, and even prescription costs. If long-term or lifetime care is necessary, this is also usually covered. Your medical expenses may even include any home modifications necessary to ensure your mobility like widening doorways and installing wheelchair ramps.
- Property repair/replacement costs. The at-fault driver is almost always responsible for covering your property damage. Texas is an at-fault insurance state, so you file your accident claim against the intoxicated driver’s auto insurer. Even if the at-fault driver is only carrying limited liability insurance, your property damage expenses should be covered. Your property damage isn’t only limited to your vehicle. Your property can include anything damaged or destroyed in the DUI collision. So, if your smartphone shattered in the accident, go ahead and list it on your Texas DUI accident claim.
Since injuries in DUI accidents tend to be severe, your economic damages may also include lost current income. If your injuries are catastrophic, your damages can extend to lost potential future earnings. Yep, you may be able to recover some of the income you’re expected to earn in the future. Even though you typically only recover a percentage of your lost income, every little bit helps after a DUI collision.
Non-Economic Damages in DUI Accident Claims
Your non-economic damages may include things like your pain, suffering, mental anguish, and even loss of life enjoyment to name a few. Also known as pain and suffering damages, non-economic losses can make up a significant percentage of your claim’s value.
Since non-economic losses are intangible, you can’t fall back on handy bills and receipts. Your El Paso DUI accident lawyer will use either the per diem or multiplier method to calculate the value of your non-economic damages. Either method is perfectly fine. Both are accepted by insurance companies. One method uses the total of your economic losses, while the other looks at your average daily pay.
A good tip is to use both methods. This way, if the insurance adjuster rejects your first settlement offer, you’re ready with another one. Sometimes, this can help speed up the time it takes to settle a DUI accident claim.
Punitive Damages are Possible
The Lonestar State allows judges and juries to award punitive damages in cases where gross negligence is present. Gross negligence applies when the at-fault party acted willfully or maliciously with the intention of causing harm. A DUI accident often falls under these rather broad guidelines.
You can’t list punitive damages on an accident claim. However, you can ask a judge or jury to consider awarding you these damages. Something to keep in mind is Texas caps punitive damage amounts. You can’t be awarded more than $750,000 or twice the value of your economic losses, whichever one you hit first.
Recovering Compensation in a Texas DUI Accident Claim
You should be able to recover damages after a DUI accident. However, the legal process can be challenging. To help ensure you receive fair compensation, it’s a good idea to work with an experienced El Paso DUI accident attorney.