Are there punitive damages for DUI cases in Utah? Punitive damages may be awarded to DUI accident victims and their families. However, the court decides whether to offer these damages on a case-by-case basis. Talk with a Salt Lake City DUI accident lawyer about punitive damages and other types of compensation. Your attorney may help you file a DUI accident lawsuit.
Factors That Can Determine Whether You’ll Get Punitive Damages for Your Utah DUI Accident Case
Your Salt Lake City car accident lawyer can account for your economic and non-economic damages as they prepare your DUI crash case for trial. They can’t guarantee you will obtain punitive damages for your DUI accident case in Utah. Yet, they can provide insights into factors that may lead a judge or jury to award these damages, such as:
Standard of Proof
Accident scene photos, witness statements, the breathalyzer or blood test results of the driver involved in your collision, and other proof can help you prove negligence. If the court reviews your collection of proof and finds this motorist was incredibly careless or reckless, you could receive punitive damages along with compensation for your quantifiable and subjective losses.
Purpose
The purpose of punitive damages is to punish parties who commit wilful or malicious acts of negligence. In your DUI accident case, a judge or jury may deem a motorist’s actions to be severely negligent. At this point, you could get punitive damages based on an extreme case of negligence.
Compensation
Punitive damages may be provided in addition to other forms of compensation. If the court feels the money a liable party has to pay for your medical bills, lost wages, pain and suffering, and other DUI accident losses is insufficient, it may award punitive damages.
Siegfried & Jensen has served Utah residents for more than three decades. We have helped our clients recover over $1.2 billion in compensation in drunk driving accident cases and many others. If you want more information about whether there will be punitive damages for you in your DUI accident case in Utah, we’re here to help. Contact us today.
For a free legal consultation, call (801) 266-0999
How to Get Punitive Damages If You Get Hurt in a DUI Accident in Utah
Before you can ask for punitive damages based on a DUI accident case in Utah, you must file your compensation request in alignment with state law. Per Utah Code § 78B-2-307, you may have four years from the date of a DUI accident to sue the driver responsible for the incident.
Have a personal injury attorney with DUI accident case experience submit your lawsuit. Your lawyer can explain the damages you can collect for a car accident. They can craft an argument designed to prove to a judge or jury that damages are warranted.
Let your lawyer argue your case in court. Ideally, your attorney’s argument is compelling, and a liable party struggles to contest it. If your lawyer is able to prove that the party responsible for your DUI accident was grossly negligent, you may be well-positioned to get punitive damages.
Challenges You May Face if You Want to Receive Punitive Damages for Your DUI Accident Case in Utah
Expect problems if you want to recover punitive damages relating to your DUI accident case in Utah. Below are some of the challenges you may encounter as you try to obtain these and other damages for your auto accident losses.
Complicated Legal Process
You take your DUI accident case to trial and feel confident in your chances of securing damages. Regardless, the driver at fault for your DUI accident and their attorney may commit substantial time, energy, and resources to contest your case. This may lead to a lengthy legal dispute and, ultimately, make it tough for you to be compensated for the harm you’ve suffered.
High Burden of Proof
Together, you and your attorney gather evidence to make it clear to a judge or jury that you should receive compensation. Even if you have a preponderance of evidence, the court may be inclined to award economic and non-economic damages only.
Showing That the Defendant Disregarded the Safety of Others
How your lawyer argues your case to a judge or jury can impact whether punitive damages are awarded. Your attorney may do a great job of proving that a motorist was intoxicated and, as such, should be held responsible for your accident. On the other hand, if a judge or jury believes this motorist simply made a mistake in judgment, you may not get punitive damages.
Leading up to your DUI accident case trial, your lawyer focuses on negligence. They want a judge or jury to see how a liable party acted negligently and, due to their actions, should have to pay damages. If your attorney’s argument is successful, a judge or jury may award enough damages to cover all of your accident losses.
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Tips to Help You Recover Damages in Your DUI Accident Case in Utah
Hire a DUI accident attorney within days of your auto crash. Choose a lawyer who has received many positive client reviews. Your attorney can start building their argument immediately. On top of that, they’ll address your legal concerns and questions throughout your case proceedings.
Track what you spend to cover the cost of any accident expenses. For instance, after your DUI accident, you get an estimate for repairs on your car. Share this estimate with your lawyer. Then, your attorney can include this estimate in their collection of evidence, boosting your chances of getting the damages you want.
Remain open to settlement negotiations with a liable party. If these negotiations go nowhere, try not to stress. Remember, you have the option of going to trial. You and your lawyer can exercise this option, which may allow you to recover compensatory and punitive damages.
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Get Legal Help with Your Utah DUI Accident Case
For those who are wondering if there are punitive damages for DUI car accident cases in Utah, speak with the team at Siegfried & Jensen.
Our DUI accident lawyers can evaluate your DUI accident and what you can receive in compensation from any liable parties. To get started, schedule a free case consultation with us.
Call or text (801) 266-0999 or complete a Free Case Evaluation form
