Ohio attorney Kevin Lenson describes how the law is helping those injured by drunk drivers and why their victims are entitled to more in compensation.
Many times personal injury accidents are caused by an honest mistake. While the person who caused the accident may be negligent, their actions are typically without malicious or reckless intent.
However, when an injury is caused by a drunk driver, the accident can be devastating and wrought with emotion as you wonder why someone would cause so much harm.
In Ohio, drunk driving is considered reckless conduct, which is a legal concept on which many personal injury claims are based. Reckless conduct occurs when the other party knew or should have known that their actions had the possibility to cause harm.
In cases involving reckless conduct, the offending party may be responsible not only for the accident, but also for the manner in which they behaved. The amount of money paid by the person who harmed you can be drastically increased. In addition to paying economic damages such as repair bills and medical expenses, they may also be required to pay punitive damages, designed to punish the offender and deter other people from committing such an act in the future.
Punitive damages can reach extraordinary amounts. The hope is to send a strong message to society that certain behaviors (such as drunk driving) will not be tolerated. If you think your case involved reckless conduct, you need an experienced personal injury attorney who understands these concepts and can bring forth a lawsuit in which you are fully compensated for the harm you have suffered.
To learn more about personal injury law, I encourage you to watch the video above and to explore our educational website at elkandelk.com. If you have legal questions, please call us at 1-800-ELK-OHIO. I welcome your call.