By Soumava Goswami
Are you a victim of a DUI accident? In general, victims of DUI Accidents can face devastating injuries. However, accidents are common when someone is driving under the influence of substance abuse.
In those cases, drivers often drive erratically, and the impact of the collision can be extreme. Hence, this impact will end up taking a huge toll on the victim’s life. In fact, such accidents will not just cause financial strains in your life, they can also lead to deep trauma.
Therefore, to get an idea of how victims of DUI Accidents can seek compensation for their pain and suffering, read on.
How Can Victims of DUI Accidents Seek Compensation?
Primarily, to get something as a relief, victims of DUI Accidents pursue a claim and seek compensation for their damages. This is for both economic and non-economic damages. Hence, it is better to get the help of an experienced drunk driving accident attorney. This way, you will be able to get a better understanding of their rights and legal options.
Pain and Suffering Damages for Victims of DUI Accidents
All victims of DUI accidents can claim compensation for the physical pain and suffering they went through because of the accident. These are called pain and suffering damages. In general, these include:
- Physical Distress: Generally, it is the pain that occurs due to injuries, surgeries, and long-term discomfort.
- Emotional/Mental Distress: These include the emotional and mental impact of the accident in the form of distress. Some of them are post-traumatic stress disorder (PTSD), anxiety, and depression.
Here, the difference between economic damages and non-economic damages is crucial. Basically, economic damages are medical bills, lost wages, etc.
On the other hand, non-economic damages are a bit more complicated. This is because they are intangible losses without a specific number assigned to the loss. Although it is tough, compensation is still crucial as the physical and mental trauma cannot be ignored.
How to Prove Pain and Suffering As Victims of DUI Accidents?
No matter what type of accident or loss you face as a DUI accident victim, you will need to provide evidence for claims. Hence, you will need to consider how to prove such aspects when you are making a claim. The following forms of evidence can be sufficient:
1. Medical Records
In general, medical records act as professional reports. Basically, they show the severity and long-term impact of the accident.
2. Therapy and Counseling Records
While therapy allows the person to get better, it also acts as proof of what mental and emotional distress the victim faces. Hence, you need to gather all the therapy and counseling records beforehand.
3. Maintain a Personal Journal
If you are a victim of a DUI accident, you need to keep a detailed record of how the accident affects your daily life. Here, you can do that by keeping a journal and recording your struggles, nightmares, and flashbacks.
4. Witness Statements
Collect statements from loved ones, such as friends and family. Here, you can vouch for your struggles after the accident. As a result, these statements will act as proof for your losses.
5. Expert Testimony
Generally, when professionals such as doctors and psychologists explain the extent of the trauma and its long-term impact, you must keep those documents and recordings as statements. This will also be helpful to prove what you went through as a victim.
However, if you, as a victim, fail to procure any evidence or documentation to back your pain and suffering claim, proving the loss can get difficult. As a result. this will have an impact on your compensation.
What Factors Influence Pain and Suffering Compensation?
It goes without saying that victims of DUI accidents face pain and suffering. However, this pain and suffering depend on person to person. Therefore, you will need to know the factors that can influence pain and suffering compensation. Here are the factors:
- Severity of Injuries: Your compensation depends on the severity of your injury. In fact, the more severe your injuries are, the higher the compensation you might receive.
- Impact on Daily Life: If you can no longer work or enjoy life as before due to the injuries, you will need to avail of higher pain and suffering compensation.
- Duration of Recovery: If there are serious injuries that need longer recovery time, the compensation will be higher. Hence, the recovery duration plays a big role.
- Psychological Effects: If the accident caused serious psychological issues that make life hard, such as PTSD, anxiety, or loss of quality of life. Hence, in such cases, you will receive higher compensation.
Ways to Calculate Pain and Suffering Damages
If you want to calculate pain and suffering damages, you will be able to do it by these two methods:
1. Multiplier Method
Depending on the severity of the injury, you will need to multiply the total economic damages (such as medical expenses and lost income) by a number (1.5 to 5). Generally, when the injury is severe, the numbers are high.
Basically, those are injuries that have lasting consequences.
For instance, $50,000 economic damages × 3 = $150,000 non-economic damages.
2. The Per Diem
This method keeps an amount in mind (usually the victim’s wage) and multiplies it by the number of days the victim experiences the accident’s impact.
For example, $200 daily rate × 300 days = $60,000 non-economic damages.
Start Claiming Now
Victims of DUI accidents need to know what rights they have. If you are a victim or someone close to you is a victim, you will know what steps you need to take next. Basically, you will be able to successfully get your compensation for your medical expenses, pain, suffering, loss of income, as well as other damages.
However, since the legal system is complex, it is important that you hire a DUI lawyer. These lawyers will help you in the legal process and will ensure that you get the compensation that is due.
Do you want to suggest ways of hiring a DUI victim lawyer? Consider sharing your ideas and opinions in the comments section below.
