Q: Already served papers to drunk driver, should I amend to add punitive damages?
I was hit by an uninsured drunk driver who totaled my car. I am having to sue him on my own for the cost of the vehicle, towing, and a chiropractor visit. When visiting my girlfriend's personal injury lawyer (for a completely unrelated accident), he asked about my case and when I told him I already served the papers and it wouldn't take place until the end of July, he recommended I go to the court and amend the case to add 7500 dollars in punitive damages and then serve him again. Since the guy was arrested for a DUI that night he said it likely would be a "No Brainer" for the judge and I would get the ruling in my favor.
Now I'm wondering how likely is this to happen? I'm not sure how punitive damages work, so it would take some time and money to amend and re-serve the papers for potentially no return. At the same time I don't want to leave money on the table, especially if it's a "No Brainer."
A: I'd go with the lawyer's suggestion, especially if his blood alcohol was significantly above the limit--he has no insurance, he's driving intoxicated, go for it. Collecting may be tough but sounds like you have a handle on it.
A: PS --you may have uninsured motorist and if you didn't talk to the lawyer about that or if he doesn't handle wrecks, talk to a member of CAOC
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