How are damages determined in a drunk driving accident case?

When assessing damages for a drunk driving accident, North Carolina courts use an “enhanced damages” approach to determine a settlement. This means that the settlement will be significantly higher than what would be resulting from a case of negligence. In a drunk driving accident, the person who caused the accident may be found guilty of a crime, and as a result, the court may grant enhanced damages to the victim. The first factor that courts may use to determine the amount of compensation to award is the level of negligence involved. If the damages are a result of an intentional act, such as a drunk driver, then the damages may be substantially higher. The court will also take into account the severity of the injuries or losses, as well as any prior criminal behavior. In addition, courts will assess any medical expenses, lost wages, and property damage that the victim has sustained as a result of the accident. The amount will also be determined by the degree to which the victim is physically and emotionally injured. The court may also assign punitive damages to punish the guilty person and deter similar behavior in the future. Finally, if the drunk driver’s actions were especially egregious, the court may award the victim exemplary damages. This is meant to punish the driver for their reckless behavior and is far higher than the damages awarded in a negligence case. In summary, the level of damages awarded in a drunk driving accident case in North Carolina depends on the level of negligence involved, the injuries sustained, and the severity of the driver’s actions.

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How are damages determined in a drunk driving accident case?

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