Are there punitive damages for DUI accident cases in Idaho? Yes, punitive damages may be awarded to you if the drunk driver exhibited gross negligence and caused you excessive losses.
This form of compensation can be difficult to recover, so be sure to consult a Boise drunk driving accident lawyer who can help you get justice and secure punitive damages in your case.
Understanding Punitive Damages in Idaho
The purpose of punitive damages is to punish individuals who were grossly negligent, showed a reckless disregard of the law, or caused intentional harm. This type of compensation is primarily designed to deter defendants from engaging in similar activities in the future. These cases are generally reserved for accidents involving the conditions mentioned above.
Because punitive damages are not awarded in every type of case, these damages are completely separate from and in addition to your other damages.
Economic and non-economic damages are awarded in most personal injury claims and cover your monetary losses, as well as intangible losses like pain and suffering and emotional distress. However, your financial losses are not a deciding factor when it comes to punitive damages.
Punitive damages for DUI accident cases are primarily a way to penalize reckless drunk drivers, and the amount you are awarded is generally determined by the court.
Once the damages have been distributed to you, you may have to pay state and federal taxes on the amount, and the remainder may be used however you see fit, as they are not related to compensatory losses.
For a free legal consultation, call (801) 266-0999
When Punitive Damages May be Used in an Idaho DUI Accident Case
DUI accidents can run the gamut from minor to catastrophic, and victims can suffer a range of injuries and losses. For many DUI-related accidents, punitive damages may not be applicable. However, if a drunk driver was grossly negligent, excessively reckless, or intentional or malicious, Idaho may allow the use of punitive damages to be used.
Driving under the influence of alcohol may be more likely to be considered gross negligence or recklessness since the driver chose to get behind the wheel after drinking.
By doing so, they put other motorists at risk of harm since they did not possess the necessary level of judgment, alertness, or cognitive function to safely operate a vehicle.
To determine if the driver’s actions were enough to warrant punitive damages, it is important to talk with your lawyer about the details of your case so they can assess the viability of a request for punitive damages.
If it is, they will take the necessary steps to prepare the motion and ensure that you have sufficient evidence that can strongly make a case for the use of punitive damages.
How to Pursue Punitive Damages in a DUI Accident Case
In DUI accident cases in Idaho, you cannot pursue punitive damages alone. You must first file a claim to recover your losses through economic and non-economic damages.
However, only after that claim is filed and you have recovered compensation for your losses can your lawyer petition for punitive damages to be considered. If the court elects to consider the request, you must supply evidence.
When pursuing punitive damages, you must clearly demonstrate the other driver’s gross negligence, excessive drinking, and any other reckless actions they engaged in. Evidence must clearly show the other driver’s gross negligence in a way that leaves no doubt about the severity of their actions. As such, you will want to work with your lawyer to make sure you have strong evidence.
If, after reviewing your evidence, a judge and jury allow punitive damages in the case, then they will determine the amount. The defendant will then be required to pay punitive damages for their offense, and you will be awarded the damages as extra compensation.
our lawyer will guide you through this process, as well as what your obligations and options are after receiving punitive damages in your case.
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How Much You Can Recover in Punitive Damages in Idaho
If you are eligible to recover punitive damage, how much you can receive will depend on a few factors. The severity and offensiveness of the other driver’s actions, the extent of your suffering, and how much the other driver can pay are all taken into consideration, with a judge or jury determining the amount of punitive damages a defendant must pay you.
Idaho caps the amount of punitive damages you may recover for your losses. Per Idaho Statute § 6-1604, you can either receive a maximum of $250,000 or three times the value of your monetary damages. The law allows you to recover whichever amount is greater.
Your lawyer will help you prepare for how much you might be able to recover in punitive damages and help you recover as much as possible. While you may be able to estimate your punitive damages based on how much you recovered in economic damages, how much you can actually recover will be up to the discretion of a judge and jury.
Statute of Limitations in Idaho for Seeking Punitive Damages
It is also important to be aware of the car accident statute of limitations in Idaho so you can make sure to recover punitive damages, as well as economic and non-economic damages, in your case.
You generally have two years from the time of the accident to take action and pursue damages. Claims not filed within this time frame will be prohibited from taking further legal action.
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Siegfried & Jensen Help You Recover Punitive Damages After a DUI Accident in Idaho
Siegfried & Jensen know how much your life can be turned upside down by a drunk driver, and we fiercely fight for you so you do not have to handle the claim process alone.
We also help you navigate the complexities of securing punitive damages so you have the additional compensation after the severity of your losses. Schedule a free consultation today to learn more about us and get started.
Call or text (801) 266-0999 or complete a Free Case Evaluation form
