Injured By a DUI Driver: Damages - What You Need to Know
A civil suit for injury caused by a drunk driver is separate - and distinct - from any criminal charges a drunk driver may face for the DUI. Criminal charges, filed by the district attorney, are designed to punish the drunk driver for acting in a reckless manner and to protect the public at large. However, a civil claim or lawsuit based on the injury caused by the DUI driver is filed by the victim of a drunk driver, or in the case of a fatality, filed by the victim’s family, to recover personal damages. The injured person may recover the costs of past and future medical treatment, past and future lost wages, and cost of any damaged property. Civil suits also offer the opportunity to recover non-economic damages, (what is commonly called "pain and suffering") which cannot be recovered in a criminal prosecution.