Louisiana law allows for punitive damages in certain case. Punitive damages are money awards to punish certain conduct. Punitive damages make an example out of the wrongdoer and are a deterrent for similar future conduct by society. Punitive damages are also called “exemplary damages” and can be awarded in addition to pain and suffering, medical expenses and lost wages in car accident cases. The rationale is that if certain conduct will result in a large financial penalty because the conduct is considered harmful to society, people will less likely commit the conduct out of fear of reprisals.
Punitive damages are not typically available in car accident cases. However, the accident victim may be awarded punitive damages when it is prove that the defendant driver (tortfeasor) caused the accident as result of his or her intoxication.
Louisiana Civil Code article 2315.4 allows for an award of punitive damages when the defendant driver’s intoxication was a “cause in fact” of the accident. Thus, if a drunk driver causes an accident and injures another driver, the victimized driver will be entitled to make a claim for punitive damages against the drunk driver.
Whether the defendant driver’s automobile insurance company will pay the punitive damages is another issue. An insurance company may argue that the intoxicated driver violated the terms of the automobile insurance policy be driving drunk. Thus, it is imperative to call an experienced and aggressive attorney when these types of issues arise.
If you have suffered injury from an accident and have questions about punitive damages, contact Law Office of Donald D’Aunoy Jr., LLC today for a FREE consultation: 1000 Veterans Blvd #203, Metairie, LA 70005, Phone: 504-508-6414. Speak directly with an attorney. Attorney Donald D’Aunoy Jr. offers FREE house calls to personal injury clients throughout southeast Louisiana, including Algiers, Amite, Avondale, Belle Chasse, Bogalusa, Boutte, Chalmette, Covington, Cut Off, Destrehan, Edgard, Franklinton, Galliano, Gretna, Hammond, Harahan, Harvey, Houma, Jefferson, Kenner, Laplace, Lacombe, Larose, Luling, Lutcher, Madisonville, Mandeville, Marrero, Marrero, Morgan City, Montegut, New Orleans, Norco, Patterson, Pearl River, Ponchatoula, Prairieville, Raceland, River Ridge, Slidell, St. Rose, Thibodaux, Tickfaw, Westwego. Mr. D’Aunoy is well reviewed on sites such as Avvo and Facebook.
