Louisiana law gives DUI accident victims more than just the right to basic compensation. It also opens the door to punitive damages, which is money awarded not to cover your costs but to punish the driver for reckless behavior and to send a message that drunk driving won’t be tolerated here. These aren’t handed out lightly, though. There are strict requirements, and understanding how they work is key to building a strong claim.
In Louisiana, punitive damages aren’t automatically included in every DUI case. The law requires clear, convincing evidence that the driver’s actions were egregiously reckless, more than just being over the legal limit. You’ll need to show that their conduct deserves more than just compensating for the damage they caused and that it deserves punishment.
It’s one thing to know you’re entitled to damages; it’s another to prove that in court. You will surely need legal help from a New Orleans car accident lawyer. A skilled DUI lawyer can help collect police reports, blood alcohol test results, witness statements, and any surveillance footage to build a clear picture of just how reckless the driver was.
Losses Available to Victims of DUIs
Your lawyer can also help you claim the following losses if you have been a DUI accident victim in New Orleans:
Punitive damages
Punitive damages are extra money a court might award in a DUI accident case, but they’re not for fixing the damage caused by the crash. They are meant to punish the driver for reckless actions, like driving while drunk, and to deter others from doing the same. These damages are only awarded if the driver’s behavior was especially dangerous, like driving with a very high blood alcohol level or swerving between lanes while impaired.
Victims of DUI accidents can also seek compensation for medical bills, lost wages, pain, and suffering. If the victim’s injuries are serious, they might also be able to get compensation for future medical care or therapy.
Pain and suffering
When you’re involved in a DUI accident, pain and suffering damages are meant to compensate you for the emotional and physical toll the accident has taken on your life. This includes things like ongoing pain from your injuries, anxiety, and the emotional stress caused by the accident. It’s not just about medical bills or car repairs it’s about how the accident has affected you mentally and emotionally.
To get pain and suffering damages, you need to show how the accident has impacted your life. This might involve medical records, testimony from doctors or family members, and other evidence that proves your pain goes beyond just physical injury.
Medical expense
After a DUI accident, medical expenses are one of the main things victims need to cover. These include the costs for hospital visits, surgeries, medications, and follow-up treatments like physical therapy. If the injury is serious, these costs can last for months or even years.
You can usually seek compensation from the drunk driver’s insurance to pay these expenses, but sometimes their insurance might not be enough or they may not have insurance at all. In those cases, you might need to use your own insurance or directly pursue the driver for payment.
Property damage
Property damage in a DUI accident means anything you own that gets broken or ruined in the crash. This usually includes your car, but it can also cover other things inside it like your phone, laptop, tools, or anything else you were carrying.
If your car is totaled (too damaged to fix), you should be paid enough to replace it with something similar. If it’s repairable, the cost to fix it should be fully covered. You can also claim money for anything else that got damaged in the crash.
Conclusion
If a drunk driver has hit you in New Orleans, the law gives you the right to fight back—not just for what you’ve lost, but to hold the driver accountable. From punitive damages to compensation for your medical bills, lost income, emotional trauma, and damaged property, you’re entitled to more than most people realize. But knowing your rights is just the beginning. What matters most is having someone in your corner who knows how to make the system work for you.
