Are there punitive damages for DUI accident cases in Washington? No, Washington does not allow punitive damages for DUI accident cases.
However, you can still pursue economic and non-economic damages to cover the losses you suffered. To learn more about your options and what you can recover, consult a Seattle drunk driving lawyer as soon as possible.
The Purpose of Punitive Damages
In most states, punitive damages are allowed for DUI accidents. The purpose of punitive damages is to punish the defendant for acts of recklessness, maliciousness, or gross negligence.
These damages are then paid to the plaintiff in addition to their economic and non-economic damages. Punitive damages are typically reserved for certain circumstances and may also be up to the court’s discretion.
Unlike most states, Washington doesn’t allow you to pursue punitive damages for the losses caused by a drunk driver. The only times the state allows punitive damages are for very limited and specific situations where they are allowed because of a specific statute. However, there is no specific statutory allowance for punitive damages in DUI cases.
Even though you cannot seek punitive damages, you can still pursue other forms of damages with the help of an experienced lawyer.
Whether you file an insurance claim or a lawsuit against the drunk driver, you can hold them accountable and get compensation for your losses.
Before initiating a claim or lawsuit, though, it is important to consult a lawyer about what damages you can recover in your situation.
For a free legal consultation, call (801) 266-0999
How to Recover Other Forms of Compensation for Your Losses in a DUI Accident Case in Washington
After an accident involving a drunk driver, you will need to take action if you need to recover the losses they caused. You may be able to file an insurance claim to recover compensation that will help you cover your medical expenses, vehicle damage, and more.
When submitting your claim, you will need to notify the other driver’s insurance and submit your request and evidence of the collision and losses.
An insurance adjuster will review and process your request and generally offer you a settlement. It’s important to have a lawyer negotiate for you and review all offers because insurance companies will try to offer you as little as possible.
If a fair and sufficient settlement is reached, you’ll receive compensation. If no settlement is reached or it is not enough, then you may be able to sue instead.
If you file a lawsuit, your case will likely go to court to be decided by a judge and jury unless a pre-trial settlement is reached. This process may take longer, but it can yield higher damages.
Fulfilling the role of an accident lawyer in Washington state, your attorney will prepare you, represent you, and fight for you throughout your entire case until you receive satisfactory results.
The Drunk Driver’s Liability Must be Established Before Recovering Compensation
In order to recover regular damages in your case, you will need to demonstrate the other driver’s intoxication and negligent behavior. This is done by establishing a standard of negligence that compares the drunk driver’s obligations with their actions. This process involves showing four parts that cumulatively establish the other driver’s liability.
This includes:
- Duty of care: The other driver had an obligation to drive safely, sober, and in alignment with state laws.
- Breach of duty: The other driver disregarded their obligations when they chose to operate a vehicle after drinking alcohol.
- Causation: Because the other driver was operating a vehicle while in a compromised state, they collided with you and injured you.
- Damages: The drunk driver is held liable for your losses and must provide you with compensation for your losses.
This process is supported by evidence and allows you to link your suffering to the other driver’s actions. Establishing liability is a key part of any personal injury case and is what allows you to secure compensation.
Even in states that allow punitive damages, this process is used to determine and allocate fault and compensation first before issuing punitive penalties.
Click to contact our personal injury lawyers today
Types of Damages You Can Recover After a DUI Accident in Washington
Since punitive damages for DUI accident cases are not allowed in Washington, you may wonder what damages you can sue for after an accident in Washington.
You are allowed to recover economic damages for your monetary losses and non-economic damages for your pain and suffering. The exact losses and amount of a DUI settlement will depend on your situation.
Common recoverable losses include:
- Medical expenses
- Lost wages
- Property damage
- Funeral and burial expenses
- Death benefits
- Pain and suffering
- Diminished quality of life
- Loss of consortium and companionship
- PTSD, depression, and anxiety
A lawyer will determine how much you may be able to recover by calculating the value of your losses, including ongoing treatment and long-term care you may need after a DUI accident. They will help you recover as many of your losses as possible so you do not have to bear all or part of the financial burden alone. Your lawyer will negotiate a fair settlement amount on your behalf.
Recover Damages Before It’s Too Late
To pursue economic and non-economic damages, you will first need to verify the statute of limitations in your case. According to RCW 4.16.080, you generally have three years to take action to recover compensation.
After an accident, you should talk with your lawyer to see how much time is remaining for your case and initiate your claim so you do not run out of time to resolve it.
Complete a Free Case Evaluation form now
Consult Siegfried & Jensen About Your Case Today
Siegfried & Jensen guide you through the legal process and help you secure maximum compensation when a drunk driver has injured you.
We handle a variety of DUI accident cases in Washington for injured victims, and are prepared to fight for you and secure damages for what you have suffered. Schedule a free consultation today to talk with our team and learn more about how we can help you.
Call or text (801) 266-0999 or complete a Free Case Evaluation form