When drunk or reckless driving leads to a serious crash and someone gets hurt as a result, the injured person may have questions about their right to compensation.
In addition to compensation for financial and personal losses, a victim may be eligible for punitive damages in Wisconsin if the other driver’s conduct exceeded the level of ordinary negligence.
What Are Punitive Damages, and How Are They Different From Compensatory Damages?
Punitive damages are meant to punish a wrongdoer’s conduct and discourage similar behavior from themselves or others going forward.
In a drunk driving case, for example, punitive damages for drunk driving would punish someone for getting behind the wheel while impaired.
Compensatory damages work somewhat differently. They’re intended to repay a person who suffered losses due to an accident.
These losses may be financial or personal in nature – compensation for medical expenses, lost income, property damage, pain and suffering, and diminished quality of life all fall under the umbrella of compensatory damages.
What Is Wisconsin’s Legal Standard for Punitive Damages?
Wisconsin law (Statute 895.043) authorizes a court to award punitive damages when the evidence shows that the defendant acted maliciously or intentionally disregarded the plaintiff’s rights.
This goes beyond the ordinary negligence standard, which merely requires that a person not violate their duty of care to avoid causing an accident.
For punitive damages to apply, the wrongdoer’s conduct must have been deliberate. Drunk driving and reckless driving personal injury cases both involve intentional actions, even if there was no specific intent to cause harm.
What Evidence Supports a Punitive Damages Claim?
When pursuing a punitive damages claim after a collision with a drunk or reckless driver, you need evidence documenting their conduct before, during, and after the accident.
The strongest evidence will depend on the facts of the case, but it should clearly show the driver’s choices. Some evidence that could support your claim might include:
- Police reports and citations issued to the driver
- Crash investigation records
- Breath, blood, or other alcohol test results
- Witness statements about the driver’s behavior
- Video footage or photographs from the scene
- Statements or admissions by the driver concerning alcohol use or reckless driving
How Do Punitive Damages Affect My Settlement?
A potential punitive damages claim can affect how the parties evaluate a personal injury case during settlement discussions.
If the available evidence supports an award of punitive damages, the defendant may face additional financial exposure beyond compensatory damages. This can become a significant factor in settlement negotiations.
However, keep in mind that punitive damages are not automatic. The value of a settlement will still depend on the facts of the crash, the strength of the evidence, the injuries involved, and the losses you can document.
While punitive damages are limited in some instances, they do not apply to drunk driving car accident claims (Statute 895.043(6)). Most courts follow the Strenke v. Hogner standard, which asserts that punitive damages against drunk drivers do not violate due process.
Contact Our Wisconsin Drunk Driving Injury Lawyers for a Free Case Review
If you got hurt in a collision with a drunk or reckless driver, turn to the team at LawtonCates, S.C., for legal representation and support.
We have a track record going back over 65 years and a reputation for fighting vigorously to secure the justice our clients deserve.
Visit our Case Results page to learn about the results we’ve earned for our clients, including victims of devastating car accidents.
Contact us today to arrange a free initial consultation with a Wisconsin drunk driving injury lawyer.
