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Legal Blog

What Damages Can You Recover in NY Drunk Driving Accidents?

Holding Drunk Drivers Accountable for Your Injuries

Courts hold drunk drivers accountable when they cause vehicle accidents. Therefore, victims seriously injured in car accidents have the legal right to pursue the recovery of damages through a lawsuit.

Drunk Driving Is a Form of Negligence

Negligence is a legal term that means a person has acted carelessly, which either directly or indirectly causes some type of injury or harm to another person. Negligence is a failure to act prudently when one person owes another person a duty of care. (For more information see New York Negligence Laws.)

Proving that the at-fault party was negligent lies at the core of every personal injury case.

Types of Compensation Drunk Drivers May Owe an Injured Party

Compensation owed in a drunk driving case generally would cover economic and non-economic damages. Typically, economic damages related to the accident injuries would include:

  • Current medical expenses
  • Future medical expenses
  • Lost wages
  • Future lost wages
  • Lost earning capacity
  • Vocational rehabilitation
  • Property damages
  • Household services
  • Out-of-pocket expenses

The injured party may also seek non-economic damages, such as the following:

  • Pain and suffering
  • Emotional anguish
  • Reputational damage
  • Loss of enjoyment of activities
  • Loss of consortium

Personal Injury Representation in NY Drunk Driving Accidents

NY drunk driving accidents often result in criminal DWI/DWAI cases. Generally, civil courts would hear the civil case after the criminal trial is over. The civil case is the case brought by the injured party to recover compensation for damages.

Each case is different, and you may have questions about the types of compensation for damages that would apply to your accident case. Our drunk driving accident personal injury attorneys offer a free consultation to talk about your accident and evaluate your case.


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