If you were injured in a car accident that another driver caused, then the at-fault party may be liable for various damages including your lost income, health-care expenses, and pain and suffering. If the person who caused your injuries acted with gross negligence, then you also may be entitled to exemplary damages, also known as “punitive damages.”
Pursuant to Title 2, Sec. 41.001 of the Civil Practice and Remedies Code, two elements must be present to constitute “gross negligence:”
- It was likely that the actions of the defendant would have caused harm to others; and
- The defendant was aware of the risk involved yet still acted with indifference to the safety, welfare or rights of others.
When a person consumes alcohol and is aware that he or she will drive afterward, then the jury may find that the person acted with gross negligence. Often, awards for punitive damages can be substantial.
If you were injured by a drunk driver in Texas, contact the Robson Law Firm. An injury attorney will evaluate your case to determine if you may be entitled to punitive damages.
Our legal team has been representing the injured for more than 20 years. Call 512-345-8200 today to schedule a free consultation with an accident lawyer in Austin.
What Does “Clear and Convincing Evidence” Mean?
In order for a plaintiff to recover exemplary damages, there must be clear and convincing evidence that the defendant acted with gross negligence, fraud or malice, pursuant to Title 2, Sec. 41.003 of the Civil Practice and Remedies Code. Evidence of ordinary negligence will not be sufficient to recover exemplary damages.
Further, you will not be able to recover exemplary damages unless the jury unanimously finds the defendant liable for the amount of exemplary damages. As such, if you were injured by drunk driver, it is highly advisable that you consult an accident lawyer who has successfully litigated these types of cases. Your attorney will know the types of evidence that are necessary to prove to a jury that the defendant acted with gross negligence.
What Other Damages Can I Claim after a Drunk-Driving Accident?
In addition to exemplary damages, you may be entitled to compensation for:
- Lost wages;
- Loss of future earning capacity;
- Past and future health-care bills;
- Mental anguish;
- Pain and suffering;
- Loss of household services;
- Loss of consortium;
- Disfigurement; and
- Physical impairment.
If your accident happened in Texas, turn to the Robson Law Firm. We have recovered more than $26 million for our clients, and we will aggressively protect your rights.
Our legal team will assess the police report and doctors’ records, interview witnesses, calculate your damages, and help you make a claim for the maximum compensation. Call 512-345-8200 to arrange a free consultation with an injury attorney in Austin. You can also learn more about DWI injury claims by visiting http://drunk-driving-accident.usattorneys.com/.