In a drunk driving case, you may also get punitive damages, particularly if the drunk driver had a high BAC or several OWI convictions on their record.
Milwaukee, WI – Milwaukee didn’t get its Brew City nickname for nothing. While it no longer has as many breweries as it used to, Milwaukee still has enough bars and enough patrons in those bars to qualify as one of the booziest cities in the whole country. Milwaukee was recently ranked third on the Top 10 Drunkest Cities in the US list. People enjoying a few drinks wouldn’t be a problem. The problem is that many of those people then get in their cars and drive home. Drunk driving accidents account for 36% of all traffic fatalities in Wisconsin, a percentage that is above the national average. Each year, around 145 people are killed and thousands are injured in drunk driving crashes.
In the state of Wisconsin, a driver can be charged with Operating While Intoxicated (OWI) if they have a blood alcohol concentration (BAC) of 0.08 or higher or if they are under the influence of a restricted controlled substance. For repeat offenders who have three prior OWI convictions on their record, the legal limit is lowered to .02. Drivers under the age of 21 are not allowed to have any alcohol in their system.
If you’re ever involved in an accident caused by a drunk driver, their BAC and their record will play an important part in your personal injury claim. Don’t accept any settlement before reaching out to skilled Milwaukee OWI accident lawyers and figuring out how much your claim may be worth.
Should you settle or should you sue after a drunk driving accident?
People are sometimes reluctant to involve a lawyer in their case as they fear they’ll be dragged into a long and costly trial. The truth is Milwaukee accident lawyers don’t want to go to court. They prefer to negotiate a settlement with the insurance company whenever possible. However, in an OWI accident case, this may not always be in the best interests of their clients. If someone is severely injured in a drunk driving accident they may get more damages by going to court. On the other hand, when the insurance people realize that a lawyer is determined to take them to trial, they may decide to make a better offer just to avoid losing the case in court.
Types of damages available for a drunk driving accident
In Wisconsin, you will have to file a claim with the insurance company representing the drunk driver and seek compensatory damages, which are of two types:
Economic damages refer to your medical expenses, the cost of replacing or repairing your car, and the value of your lost wages, past and future.
Non-economic damages are meant to compensate you for your pain and suffering, both physical and mental. In Wisconsin, there is no cap on pain and suffering damages so the money you get depends on the severity of your injuries and the skill of your lawyer in making a convincing case.
In a drunk driving case, you may also get punitive damages, particularly if the drunk driver had a high BAC or several OWI convictions on their record. The thing is you must sue if you are to get punitive damages. If you have sustained severe injuries, your lawyers will probably want to go to trial and convince the judge the conduct of the drunk driver was so egregious they deserve to be punished. According to the law, punitive damages are capped at $200,000 or twice the amount of the compensatory damages you deserve, whichever is greater. That may mean a lot of money. If you are awarded $250,000 in compensatory damages, you may be able to get $500,000 in punitive damages.
Attorneys Near Me
If you’re looking for an accident lawyer or need professional help with other legal matters, you may be wondering “Where can I find Attorneys Near Me?” Don’t worry, help is just a few clicks away. Just follow the link to go to the extensive database on usattorneys.com. Select the legal area you’re interested in, your state and your city, and schedule a free consultation with a trustworthy lawyer in your area.