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DWI Accidents
DWI accidents are too common in New Mexico, and cause many injuries and death. The DWI drivers put everyone in New Mexico at risk, and understand the risks to the public. They still drive while intoxicated. When a person is injured by a DWI driver, the person is allowed to ask for punitive damages.
The factors considered by a judge or jury to award punitive damages against a DWI driver are:
alcohol level of the driver, if the driver was sentenced to jail, the number of previous arrests or convictions for DWI, whether the driver lost his license, drove on a suspended license, goes into rehabilitation, stops drinking, the extent of injury, whether the injured person has family affected by the injuries or death, actions of the DWI driver after the arrest including attempts to pay for medical bills for the injured person.
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| Punitive Damage Awards |
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Punitive damages are very difficult to get from a judge or jury. The conduct must be reckless, wanton, or willful and must disregard the rights of others. The conduct must be very different from the acts of a reasonable person faced with the same circumstances. Gilpin & Keefe has been successful in getting juries to award punitive damages ... |
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