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Being injured by a drunk driver is uniquely infuriating, because the harm was entirely preventable. If this happened to you in Nevada, it is important to understand that the criminal case against the driver is separate from your civil claim for compensation — and that impaired driving often supports enhanced damages.
Criminal and Civil Cases Are Separate
The criminal prosecution of a drunk driver focuses on punishment — fines, license consequences, and possible jail. It does not compensate you for your injuries. Your civil claim is a distinct process that seeks money for your medical bills, lost income, and pain and suffering, regardless of the criminal outcome.
Punitive Damages for Impaired Driving
Drunk driving frequently supports a claim for punitive damages under NRS 42.005 because it reflects conscious disregard for the safety of others. These damages, meant to punish and deter, can substantially increase the value of a claim beyond ordinary compensation.
Using the Criminal Case to Your Advantage
A criminal conviction or guilty plea can serve as strong evidence in your civil claim. Coordinating the timing and using evidence from the criminal matter can strengthen your civil case, though the two proceed on separate tracks.
Pursuing Full Accountability
Beyond the driver, identifying all available insurance and, where applicable, any liability for service to minors can expand your recovery. A free review can help a drunk-driving victim understand the full scope of their civil rights.