Contact Us for a Free Consultation 504-828-3313

Updates

LOUISIANA ALLOWS FOR HIGHER RECOVERY IF THE OTHER DRIVER IS DRUNK OR IMPAIRED

Posted by Megan Kiefer | Oct 16, 2018 | 0 Comments

In Louisiana, a car accident victim is typically able to recover only compensatory damages to help put them back in the same position they were in prior to the accident. One exception where you can collect punitive damages is if a person is injured in a car accident caused by a drunk drive. The punitive damages are designed to punish the drunk driver for their reckless behavior and deter similar behavior in the future and can sometimes be amounts ten times the amount of what you could recover in a normal accident.

               An injured person can recover punitive damages under Louisiana Civil Code article 2315.4 by proving the following three elements:

 1.            The at fault driver was intoxicated or impaired

2.            The intoxication was the cause in fact of your injuries

3.            The injuries were caused by the at fault driver's wanton or reckless disregard for the rights and safety of others.

You may be able to recover punitive damages even if the other driver was not arrested at the scene of the accident.

If you are injured in an accident and suspect the other driver was impaired, give us a call for a free consultation on your claim. If you are involved in a car accident in Metairie or New Orleans, it is important to consult with an experienced Metairie personal injury lawyer or a New Orleans personal injury lawyer as soon as possible. Give us a call for a free consultation on how we can assist you with this claim.

 - Amanda Morse is an associate at Kiefer & Kiefer.  

This is provided for informational purposes only and not for the purpose of providing legal advice.

About the Author

Megan Kiefer

Megan Kiefer is a partner at Kiefer & Kiefer. She is a trial attorney who specializes in personal injury, insurance defense, and appellate work and who has a proven track record in and out of court. Megan has experience as lead counsel in jury trials, judge trials, and mediations, as well as exte...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

CONTACT US

We are happy to provide you with a free consultation on your case.

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter.

The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Kiefer & Kiefer via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. The material on this website may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

Menu