Who Determines When Punitive Damages Should be Awarded in a Drunk Driving Accident Case?

When a driver in NM chooses to engage in negligent behavior, whether that’s traveling beyond the legal speed limit or driving while under the influence of alcohol in NM and causes an accident as a result, he or she could be held liable for compensating any party they may have injured. Unfortunately, most accidents that are caused by intoxicated drivers do end with someone suffering moderate to severe injuries, some of which are expected to never fully heal. If that injured party were to pursue the drunk driver for compensation for their pain and suffering, they may be entitled to both compensatory and punitive damages when represented by an aggressive Albuquerque, NM drunk driving accident lawyer.

While compensatory damages will provide a victim with financial relief for medical expenses, lost wages, loss of enjoyment of life, pain and suffering, mental anguish, etc., punitive damages serve a different purpose. When punitive damages are awarded, they not only serve as a form of monetary relief for the victim, but they also serve as a punishment to the driver who chose to operate their vehicle while intoxicated [Source: New Mexico Courts].

So, who decides when a victim shall be awarded punitive damages as well as how much a victim is entitled to recover in the State of New Mexico? Can a drunk driving accident lawyer propose a certain amount be awarded or will the judge overseeing the case make the final determination? If these are some of the questions you currently have, we encourage you to read on as we discuss this more in depth below. 

When a victim of a drunk driving collision is seeking punitive damages, while their attorney may provide some input regarding how much should be awarded to their client, the jury assigned to the case is responsible for reviewing the evidence and determining whether the defendant’s (the drunk driver who caused the crash) behavior was reckless or intentional. If it was, the jury would then decide on how much the victim should receive in punitive damages. If a jury were to inflate the amount, the defendant could submit an appeal and the court and jury would have to reconvene and determine an amount that is more reasonable.

 

I would like to learn more about recovering punitive damages. Who should I speak to?

 

If you are interested in learning more about how punitive damages are awarded in personal injury cases that are filed in Albuquerque, NM, you will want to contact The Atkinson Law Firm to speak with a NM drunk driving accident lawyer who has experience with representing victims of alcohol-related accidents. Although punitive damages aren’t awarded in every personal injury case, if you are looking to increase your chances of recovering the maximum amount of compensation you are entitled to, whether that be in the form of compensatory damages, punitive damages, or both, you’ll need to represented by a trusted and experienced lawyer.

 

The Atkinson Law Firm can be reached at:

 

9400 Holly Avenue, N.E. Bldg.4

Albuquerque, NM 87122

505-944-1050

Website: www.attorneynewmexico.com