How are damages determined in a drunk driving accident case?

In a drunk driving accident case in New York, damages are determined by the court based on the specific facts and circumstances of the case. The court will first consider the severity of the injury and the amount of money the injured party is likely to need for medical expenses, lost wages, and other costs associated with the injury. The court will also take into account any physical or emotional pain and suffering the injured party experienced as a result of the drunk driving accident. In addition, the court will consider any punitive damages that may have been awarded, such as those stemming from any reckless and/or intentional conduct by the drunk driver. The court will also review any evidence of negligence on behalf of the drunk driver when determining the amount of damages to be awarded. The court may be willing to award additional compensation if the drunk driver’s negligence was especially egregious or extreme. This may include things like distracted driving or excessive speed. If the court deems the driver’s negligence to be especially reckless, they may also require the driver to pay punitive damages, which are meant to punish them for their misconduct. In New York, the court will also take into account the financial situation of both parties involved when determining the amount of damages to be awarded. This includes looking at the financial resources of the drunk driver and any insurance that may be applicable. The court will also look at the economic impact of the injury on the victim and the extent of the losses the victim is likely to suffer. The court is also required to consider the feasibility of any financial resources that the victim may receive from other sources, such as family or friends, when determining the amount of damages to be awarded.

How are damages determined in a drunk driving accident case?

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