Drunk driving accidents often leave victims with life-changing injuries and emotional trauma. If you got hurt in a collision with a drunk driver, you may be entitled to more than just compensation for your medical bills and lost wages. The court may also award you punitive damages.
However, courts handle punitive damages somewhat differently than other forms of compensation. For this reason, it’s important to speak with an experienced car accident attorney to understand your rights and potential recovery options, including drunk driving punitive damages in NC. At Kreger Brodish, we take pride in providing strong legal representation to clients facing tough financial times – we only get paid if and when we recover compensation for your losses. Contact us today to get started with a free consultation.
What Are Punitive Damages?
Punitive damages are a special category of compensation in North Carolina civil cases. As their name suggests, courts may award punitive damages as a way of punishing a defendant for “egregiously wrongful acts.” The awarding of punitive damages is also intended to deter the defendant and others from engaging in similar behavior in the future.
Most injury cases don’t involve punitive damages. Instead, they’re limited to compensatory damages, which compensate an injured person for their various financial and personal losses after an accident. These losses include medical expenses, lost income, property damage, physical and emotional pain and suffering, and diminished quality of life. While compensatory damages focus on the impact on the victim, punitive damages focus more on the defendant’s harmful actions themselves.
When Do Punitive Damages Apply in NC Drunk Driving Cases?
In cases involving a drunk driver, punitive damages may be awarded when the driver engages in “willful or wanton conduct.” This means they showed conscious disregard for others’ safety and the likely risk of causing them harm. This exceeds the mere negligence-based standard that applies in most injury cases.
Punitive damages don’t apply in every injury case. However, because driving while impaired involves a conscious decision to endanger others, punitive damages often apply in drunk driving cases. The victim doesn’t have to prove that the drunk driver intended to harm them – just that they showed conscious disregard for their safety and rights. If the evidence shows intoxication contributed to the crash, the court may award punitive damages in addition to compensatory damages to hold the drunk driver accountable.
Limits on Punitive Damages in North Carolina
While North Carolina law allows punitive damages in some injury cases, the law also places limits on these awards. In most cases, the law generally limits punitive damages to three times the amount of compensatory damages or $250,000, whichever is greater.
However, drunk driving crashes are treated differently. The law specifically removes the cap when the defendant’s actions involve impaired driving. Under the NC punitive damage statute, drunk driving cases aren’t subject to the same limits as other injury cases, and the court may award punitive damages without restriction. This exception reflects the state’s recognition of the serious threat posed by drunk drivers.
How Punitive Damages Impact a Drunk Driving Injury Claim
Punitive damages can significantly affect the outcome of a drunk driving accident claim. While compensatory damages provide repayment for the victim’s economic and non-economic losses, punitive damages add another layer of financial accountability for the impaired driver.
This added exposure often influences the way insurance companies and defense attorneys handle settlement discussions. If evidence of intoxication is strong, insurers may be more willing to negotiate a higher settlement to avoid the risks of a jury trial. For victims, the possibility of punitive damages provides not only a potential increase in financial recovery but also a sense that justice is being served. An award of punitive damages highlights the seriousness of the driver’s conduct and reinforces the principle that impaired driving should carry severe consequences.
What Victims Should Do After a Drunk Driving Accident in North Carolina
Your first priority after a drunk driving accident in North Carolina must always be to protect your safety and health. Call 911 immediately to report the suspected impaired driver to law enforcement, and seek medical attention (either on the scene or at your doctor’s office) even if you don’t believe you have any obvious injuries. Get contact information from any witnesses and take photos of the scene to begin preserving important evidence for a future claim against the drunk driver.
Take the following key steps in the days and weeks following the accident to protect your health and legal rights and to place yourself in the best position to pursue full compensation:
- Consult with an experienced North Carolina drunk driving accident attorney as soon as possible to evaluate the case and preserve evidence.
- Allow your lawyer to handle communication with insurance companies. Don’t accept any settlement offers without their review and input.
- Save your medical records to document the circumstances of the crash and the extent of your injuries.
- Keep up with all recommended medical treatment, including follow-up visits, therapy, or rehabilitation, to show consistent care and establish the full impact of your injuries.
- Keep a detailed journal of your physical pain, your emotional distress, and how the accident affects your daily life. This record can support both compensatory and punitive damage claims.
- Avoid discussing the accident or posting details on social media, as insurance companies may use statements or photos to dispute your claim.
- Stay informed throughout the legal process and update your attorney on your medical treatment and any new expenses or financial challenges that arise.
Contact Our North Carolina Drunk Driving Accident Attorneys to Learn More
Kreger Brodish provides comprehensive legal representation to individuals harmed by the actions of drunk drivers in North Carolina. We’re here to help you at every stage of your personal injury claim, from investigating the collision and negotiating with insurers to helping you secure the medical treatment and documentation you need. If you got hurt because someone else chose to drive drunk, you deserve nothing less than full support from a team that’s committed to fighting for your right to justice. Contact us today to discuss your case in a free consultation and learn more about your next steps.
