How are damages determined in a drunk driving accident case?

In a drunk driving accident case in Florida, damages are determined by the court, using the legal principles of negligence and comparative fault. Negligence is when a person has acted with less care than someone else would have in an identical or similar situation, which has caused injury or damage. A person found to be negligent is responsible for the damages caused by their negligence. Comparative fault, also known as comparative negligence and contributory negligence, is when a court compares both parties’ share of fault in causing an accident. A court could find that the injured person is partially responsible for the accident, reducing the amount of damages the drunk driver is required to pay. In a drunk driving accident case, a person liable to the injured party must compensate them for all or a portion of the damages. This includes any medical expenses, lost wages, and pain and suffering due to the accident. The liable party is required to reasonably compensate the injured person for any foreseeable losses that resulted from the accident. Damages can also include punitive damages, which are designed to punish a person who has acted with intent to cause harm or with a reckless disregard for the safety of others. In a drunk driving case, punitive damages may be granted if the court finds that the defendant acted with reckless disregard for the safety of the other person. It is important to note that, in some cases, the liable driver’s insurance company may be responsible for compensating the victim for their damages. In these cases, the insurance company will determine the amount of compensation provided to the injured person.

How are damages determined in a drunk driving accident case?

Related FAQs

Related Blog Posts