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What if the at-fault party was under the influence? – Herschensohn Law Firm

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Transcript:

00:00:00 - 00:00:24

Well, we're here in Washington state. There are some states, I think Oregon has a provision where they will allow for punitive damages if the driver is drunk. But in Washington state, we do not have punitive damages for any case that is brought under the state system. You can bring federal claims. The fact that someone is drunk while they're driving does not give rise to any

00:00:24 - 00:00:54

statutorily dictated or statutorily permitted exemplary damages. However, okay, there's two things to know about that. One, if you don't file a lawsuit and all that you're dealing with is a claim, generally speaking, insurance carriers will place a certain sort of characterization on that type of claim, which they call enhanced liability. When you have enhanced liability, what the insurance carriers are generally going to do is they're going to

00:00:54 - 00:01:21

enhance the damages. You're going to get money out of the carrier a lot easier and you're generally going to get a stepped up valuation. And why is that? Because if you file a lawsuit, it's very difficult for a insurance defense carrier or insurance defense attorney to make other arguments about the case when their client is a drunk driver.

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19219 68th Ave S Suite M-101
Kent, WA 98032
301 E 2nd Ave Suite 201
Ellensburg, WA 98926
21916 Meridian Ave E
Graham, WA 98338
1918 1st Ave N
Seattle, WA 98109
1357 NW Louisiana Ave
Chehalis, WA 98532

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  • About Us
    • Our Firm
    • Results
    • Community Involvement
  • Our Team
    • Attorney Zach Herschensohn
    • Attorney Robert Fulton
    • Attorney Chelsea Hicks
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Workplace Injury
      • Maritime Accidents
      • FELA Accidents
    • Slip and Falls
    • Dangerous Drugs
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