What type of restitution is available in a drunk driving case?
In South Carolina, victims of drunk driving accidents can be eligible for restitution if they can prove that they have sustained financial and/or personal injuries due to the accident. Restitution can cover a wide range of damages, including medical expenses, lost wages, loss of consortium, and pain and suffering. In general, the court will determine the amount of restitution based on evidence of the victims’ financial losses. This could include out-of-pocket costs such as medical bills, lost wages, and property damage, as well as non-economic damages like pain and suffering. The court may also impose fines, court costs, and/or probation to the driver responsible for the accident. In addition, victims of a drunk driving accident may be eligible for punitive damages. Punitive damages are meant to punish the driver, as well as deter others from engaging in the same behavior. Punitive damages are generally higher than compensatory damages because their purpose is to send a strong message to the offender and the community. Finally, the victims may receive compensation for their emotional distress. This is usually in the form of counseling or therapy. This can help the victim cope with the trauma of the accident and can be a key part of the restitution process. The restitution available in a drunk driving case is based on the severity of the injuries and the financial and emotional losses sustained by the victims. It is important for victims to seek legal counsel to ensure that they are getting all the compensation they are entitled to.
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