Are punitive damages awarded in Michigan DUI accident cases? Punitive damages may be awarded in Michigan DUI accident cases when there is a finding of gross negligence or intentional behavior, not to compensate the victim, but to punish the offender.
If you believe your claim may qualify for punitive damages, it may be in your best interests to speak to our Lansing car accident lawyer to explore your options.
Punitive Damages Under Michigan Law
Punitive damages are not compensatory damages outright. Rather, they are a form of punishment the court applies to the defendant with the objective of encouraging them not to engage in this type of situation again. These damages are rarely awarded except under certain circumstances.
Under the law, punitive damages apply in very limited situations. That typically means that the defendant acted in particularly egregious actions that resulted in serious injury or the loss of life.
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When Punitive Damages Might Be Awarded
A judge may determine that there is a benefit in awarding punitive damages in a DUI case for various reasons. A judge will look at all of the factors that are related to the accident to determine if exemplary damages are applicable.
Some of the reasons you may have grounds for seeking these damages include:
- The judge believes that the compensatory damages you were awarded are not enough and do not accurately reflect what you have experienced.
- The judge wants to make it clear that the defendant deserves to be punished for their actions and deterred from engaging in similar situations.
- There is a desire to punish the defendant for their wrongful actions.
- Other cases like your own resulted in the award of these damages.
- The judge wants to push the defense to change their practices or standards.
It is common that a victim must seek approval from a judge to seek exemplary damages in a DUI accident case. However, your DUI accident attorney will evaluate the situation to determine if taking these steps is beneficial to you.
In many situations, you will be able to seek economic and non-economic damages without such approval from the judge.
DUI Often Qualifies for Exemplary Damages
Punitive damages are not always available and are rarely awarded. They are awarded in situations where there is evidence of severe misconduct. In some situations, a DUI will fall into this category, allowing victims or their families to seek legal action for these damages.
Typically, the court looks at two critical factors:
- Egregious conduct : Were the defendant’s actions intentional and reckless? Did the accident happen because of the recklessness of the other party? Were they grossly negligent? In these situations, egregious conduct is understood.
- Emotional harm : The court also looks at where the actions of the defendant caused emotional harm. Emotional harm may include mental anguish, outrage, mental health complications, such as trauma, or humiliation.
In these situations, the judge is likely to allow for seeking these damages. DUI can be both egregious and emotionally harmful, especially in situations where the defendant is a repeat offender or was engaging in dangerous activities while drinking, such as street racing. It will be up to you and your Lansing personal injury lawyer to prove that these factors are present.
Situations Where Exemplary Damages Might Be Awarded
Exemplary damages are not meant strictly to be used as punishment, but also are considered beneficial when the victim and family suffer incredible emotional stress and strain from the actions of the defendant.
Driving under the influence can fall into this area, and a Lansing car accident lawyer can help you understand the law.
- MCL 600.2907a (encumbrance of a property in violation of MCL 565.25 without lawful intent with intent to harass or intimidate)
- MCL 600.2911 (libel or slander)
- MCL 600.2917 (unreasonable force used during false imprisonment, unlawful arrest, assault, battery, libel, slander by a merchant)
- MCL 600.2953a (motion picture recording violation)
- MCL 600.2954 (civil action by victim of stalking)
- MCL 600.2962 (cable theft)
When you have questions about exemplary damages and how they might apply to your DUI case, be sure to speak with a DUI accident lawyer in Lansing from our firm. With decades of experience, we can provide you with a thorough explanation of the law so you know what to expect.
We know how to get our clients the results they need in the toughest legal arenas.
How Much Is Awarded Is Dependent on the Situation
In situations where punitive damages for a DUI accident case, or exemplary damages, are awarded in Michigan, the court will determine their value. In some states, there is a cap on the amount of punitive damages that can be sought, but this does not apply in Michigan.
If you are hurt by another person and the judge believes you qualify for these benefits, the judge will consider what you may be owed.
There is no cap on receiving exemplary damages in Michigan, but there is also no minimum level recognized. A judge will consider all factors in the case, including the other damages you may receive, to determine the value you can seek. Your DUI accident attorney will help clarify the amount of value you can expect, based on the details of your case and the severity of your losses.
Exemplary damages may be a critical source of financial support for many victims with catastrophic injuries or those families that lost a loved one as a result of a drunk driver. These are funds that you can use, if awarded to you, for any needs that you have, and they can be substantial.
For this reason, it is important to work with an attorney if you believe you may qualify for these losses to seek truly fair compensation.
You will always work directly with your attorney throughout your case.
A Consultation Can Answer Your Questions
As noted, punitive damages are very rare in Michigan, and you should not assume that because you were hurt in a DUI accident that you will receive them.
Instead, meet with a DUI attorney to discuss your case and offer insight into why you believe you should be paid these damages.
Your lawyer will provide you with better insight into the ability to seek these damages, as well as the steps you can take to demonstrate to a judge that you deserve them. Review our case results to learn more about our success stories today.
Discuss Your DUI Accident Case with a Legal Team You Trust
Turn to White Law PLLC for a consultation if you were hurt in an accident with a drunk driver.
Our DUI accident lawyer in Michigan can help you navigate the limitations of the laws surrounding punitive damages and build a strong claim that maximizes the compensation you receive in these cases.
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