How are damages determined in a drunk driving accident case?
In New Hampshire, damages in a drunk driving accident case are determined by the court. This will involve an analysis of the extent of the injury or harm caused by the drunk driver, and the severity of the conduct. The injured party will typically be able to recover compensation for medical expenses, lost wages, and the costs associated with repairing or replacing their damaged property. Additionally, pain and suffering, loss of enjoyment of life, and other emotional damages may be considered for an award. The court may also consider the culpability of the offending party when it comes to determining damages. If the court finds the defendant to be primarily at fault, it may order them to pay punitive damages. Punitive damages are an additional form of compensation, separate from compensatory damages, which are intended to serve as a deterrent by punishing the wrongdoer and discouraging others from engaging in similar conduct. The court may also consider the financial resources of the defendant when it comes to awarding damages to the injured party. This is because it is important not only to make sure that the plaintiff is fairly compensated, but also that the defendant does not become insolvent due to paying an unreasonably large award. Ultimately, the court will seek to award a fair amount that is in line with the degree of fault and injury caused by the defendant.
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