Punitive Damages And Drunk Driving

Punitive Damages And Drunk Driving

When it comes to car accidents, there is usually an at-fault party. The party at fault is likely guilty of some form of negligence, but when it comes to accidents involving a drunk driver, it is defined as the much more severe ‘gross negligence.’ This essentially means that the drunk driver had little to no regard for the safety of those around them.

In cases involving a drunk driver, the term ‘punitive damages’ may come up. Before you go ahead and Google the meaning of ‘punitive damages,’ take a look at our article where we define the meaning of the term and how it is related to cases of drunk driving.

What Are Punitive Damages?

The main purpose of punitive damages is to punish the at-fault party for their gross negligence. They differ from other forms of damage which are designed to help support the injured party and compensate them for their losses.

Punitive damages are not common in Ontario. There must be a lot of evidence to prove that the at-fault party willfully and recklessly caused injury or death to another driver, pedestrian, or passenger.

The bar is much higher for proving punitive damages as most car accidents in Ontario are not caused by malicious intent. Punitive damages may be awarded on top of compensatory damages and the amount that is awarded is left up to the discretion of the court.

It is important to note that even if your car accident lawyer believes there is a case for punitive damages, they may still be denied by a judge. If punitive damages are awarded, they may be lowered upon appeal.

Punitive damages are usually reserved for the most severe of accidents and are common in cases involving a drunk driver in Ontario. If you have been involved in a car accident caused by a drunk driver, you may require a personal injury lawyer in Hamilton to represent you and get the compensation you deserve.

When Can Punitive Damages Be Awarded In Drunk Driving Cases?

Punitive damages are likely to be considered by personal injury lawyers in drunk driving cases in Ontario as the injured party must prove reckless regard for safety. Drunk driving is considered severe enough to be defined as reckless and willful disregard for the safety of others.

Punitive damages are not very commonly awarded in Ontario. In many cases in Ontario where punitive damages were awarded, the amount awarded was relatively low or was reduced on appeal. If you think you have a case for punitive damages, you need to be aware that a lot of evidence of willful and reckless disregard for safety is needed.

A personal injury lawyer in Hamilton will be able to tell you whether you have a case for punitive damages.

Have You Or Your Family Been Affected By A Life Altering Car Accident? Call Virk Lawyers Now.

Have you or someone you love been affected by a car accident caused by a drunk driver? Get in touch with Virk Personal Injury Law today. We’re a team of Hamilton personal injury lawyers dedicated to getting you the compensation you deserve with a ton of experience in personal injury law. Contact us today to find out how we can help you!