In each case of a car accident, the types of damages available to the innocent party can be economic and non-economic losses. Economic damage can include past and future lost wages, past and future medical bills, self-care, household services, and vocational rehabilitation. Non-economic damage is intangible damage that can vary from case to case, such as pain and suffering and loss of the consortium. That is why you need good Tampa DUI Lawyers to help you resolve the problem.
Typically, plaintiffs seek redress in cases involving grave misconduct by wealthy corporate defendants. However, in certain cases, a drunk driver who pleads guilty or who is convicted of a DUI may have to pay damages in a civil case. The purpose of redress in such cases is to impose a sentence harsh enough to prevent the driver from driving drunk again. For example, a mother who is still alive after a drunk driver killed her husband and two daughters can sue for an unnatural death and seek damages.
When the jury awarded a very large amount of punitive damages, the defendant could argue that the award was unconstitutional. Courts will consider whether the harm was physical or financial, whether the defendant’s actions demonstrated a reckless disregard for the health or safety of others, whether the target was financially vulnerable, whether the act involved repeated acts, and whether the harm involved malicious intent or deliberate fraud.
For example, a large restitution award may not be appropriate against a defendant when drowsiness is a side effect of his prescription medication and the cost of distracted driving is his first offense with the law. However, a large indemnity award may be more appropriate in drunk driving cases where a drunk driver is a wealthy person with multiple DUI convictions who was driving without a license at the time of the fatal accident.