Drunk driving accidents are some of the most preventable types of crashes on the road. If you’ve been injured in a DUI crash in Texas, the law gives you the right to pursue compensation from the person responsible. Since the driver chose to get behind the wheel while impaired, they can be held liable for the harm they caused.
What many victims don’t realize is, however, just how broad that compensation can be. Texas personal injury law allows you to recover damages that go well beyond your medical bills. An experienced attorney can help you understand the full scope of what you’re owed during a free consultation, but read on for the information you need to know in the meantime.
Economic Damages
Economic damages are meant to cover the financial losses you’ve suffered as a direct result of the crash. These are the most straightforward to calculate because they’re tied to actual expenses and lost income. In a DUI accident case, economic damages may include:
- Medical bills and equipment
- Ongoing medical treatment
- Physical therapy and rehabilitation
- Lost wages from time away from work
- Reduced earning capacity if your injuries affect your ability to earn a living
- Property damage to your vehicle
- Miscellaneous out-of-pocket expenses
Keeping thorough records of these expenses from the very beginning can go a long way toward supporting the full value of your claim.
Non-Economic Damages
Not all of the harm caused by a DUI crash shows up on a bill. Non-economic damages are designed to address the personal impact the accident has had on your daily life. While they are harder to quantify, they are just as real. These damages may account for:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of quality of life
- Scarring and disfigurement
- Loss of companionship
Texas does not cap non-economic damages in most personal injury cases, which means there is no predetermined limit on what a jury can award for these losses. The amount will depend on the specific facts and circumstances of your case.
Punitive Damages in DUI Accident Cases
One of the key differences between a standard car accident claim and a DUI crash case is the potential availability of punitive damages. Unlike compensatory damages, punitive damages are not designed to reimburse you for a specific loss. Instead, they exist to punish the at-fault party for especially reckless behavior and to discourage others from doing the same.
Per state law, punitive damages require “clear and convincing evidence” that the defendant acted with gross negligence or malice. Drunk driving often meets this threshold because choosing to operate a vehicle while intoxicated demonstrates a conscious disregard for the safety of everyone else on the road. That said, punitive damages are never guaranteed in a personal injury claim and usually require that your case make it to trial.
These damages are generally capped at $200,000 or double your economic damages plus the value of your non-economic damages, whichever is greater. However, exceptions may apply when a criminal law has been violated, which is frequently the case in DUI accidents.
Cal Mundell Law Firm, PLLC Can Help You Make the Most of Your Claim
If you’ve been injured in a DUI crash in Texas, the compensation available to you may extend further than you expect. Contact Cal Mundell Law Firm, PLLC today at (915) 285-4626 for more information about your case and schedule a free consultation. We’ve won millions of dollars on behalf of our clients and will work just as hard on your behalf from the start.