They should; however, whether the prosecuting attorney elects to pursue criminal charges against a drunk driver is left to their discretion. At Larson Law Firm, we are civil lawyers who have the power to file a civil lawsuit to help our clients obtain justice. That is different from a criminal case. Whether we pursue a civil case for you does not depend upon whether criminal charges are filed. However, we will monitor any criminal charges brought against the drunk, and help you to cooperate in all ways necessary to assist the prosecutor with the criminal case.
Punitive or exemplary damages are a measure of damages that can be awarded by a jury in those cases where a drunk driver recklessly or intentionally causes injury to or the death of one of our clients. These types of damages are awarded for two very important reasons: to punish the wrongdoer, and to deter drunk driving by sending a message to others that this community will not stand for this behavior.
You do not have to talk to the other driver’s insurance company, and we suggest you don’t until you have sought the counsel of an attorney who is looking out for you. Insurance representatives have a job to do, and that is to represent the interests of their insured drunk driver. Anything you say to them could be used against you in court. It is better to have someone protecting your interests before giving statements.