Drunk driving accidents can cause devastating injuries and financial strain for victims. In Florida, victims have the right to seek compensation through civil lawsuits, which can help cover medical bills, lost wages, and other damages. While criminal charges may penalize the driver, civil cases focus on helping victims recover financially. Navigating this process can be challenging, but a skilled drunk driving accident attorney in Boca Raton can help ensure you get the compensation you deserve.
This blog will explain how an attorney can guide you through the process of recovering damages, the types of compensation you may be entitled to, and the importance of taking legal action promptly after a drunk driving accident.
Florida Laws on Drunk Driving and Liability
In 2021, Florida recorded approximately 3,488 alcohol-related impaired driving crashes. Drunk driving accidents cause significant harm, both physically and financially, to those involved. Victims often face not only life-threatening injuries but also mounting medical bills, lost wages, and emotional distress.
In the state of Florida, driving under the influence (DUI) is a criminal offense, but it also opens the door for civil lawsuits, where victims can seek compensation for the damages they have endured. These civil cases are critical for ensuring that victims are made “whole” again through financial compensation for their suffering.
Drunk driving is illegal in Florida, with severe penalties for those convicted. However, criminal charges against a drunk driver are separate from any civil claims you may file. In civil cases, the focus is on compensating the victim rather than punishing the offender. If you’ve been injured by a drunk driver, you have the right to seek compensation in civil court, regardless of whether the driver is also facing criminal charges.
Florida’s laws on personal injury allow victims to file lawsuits against at-fault parties, including drunk drivers, and recover damages for both economic and non-economic losses. Under Florida’s comparative fault system, even if you are partially at fault for the accident, you can still recover damages—though your compensation may be reduced based on your percentage of fault.
Why You Need a Drunk Driving Accident Attorney in Florida
Attempting to navigate the legal process alone after a drunk driving accident can be overwhelming. There are many legal nuances to consider, especially when dealing with insurance companies, gathering evidence, and calculating damages. Here’s how a drunk driving accident attorney in Boca Raton can help:
Investigating the Case: A thorough investigation is key to building a strong case. Your attorney will gather police reports, witness statements, medical records, and any other evidence that supports your claim. In drunk driving cases, blood alcohol content (BAC) reports are critical pieces of evidence, and your attorney will ensure they are obtained and properly presented.
Calculating Damages: Estimating the value of your claim involves more than just adding up your medical bills. An experienced attorney can calculate both economic and non-economic damages, such as lost wages, loss of future earning potential, pain and suffering, emotional distress, and loss of enjoyment of life.
Negotiating with Insurance Companies: Insurance companies may attempt to offer low settlement amounts, hoping to resolve the case quickly and for as little money as possible. Your attorney will negotiate on your behalf, ensuring that you receive a fair settlement that covers all of your expenses and damages.
Representing You in Court: If a fair settlement cannot be reached through negotiation, your attorney will be prepared to take your case to court. Having an experienced lawyer on your side significantly increases your chances of securing the compensation you deserve.
Types of Damages in Drunk Driving Accident Cases
Victims of drunk driving accidents may be entitled to various types of damages, depending on the nature and extent of their injuries. These damages are categorized into compensatory damages and punitive damages.
Compensatory Damages
Compensatory damages are intended to reimburse victims for the losses they have experienced as a result of the accident. These can include:
Medical Expenses: This covers the costs of medical treatment related to the accident, including hospital bills, surgeries, medications, physical therapy, and any future medical care that may be necessary.
Lost Wages: If you are unable to work due to your injuries, you can seek compensation for the income you have lost. This also includes compensation for diminished earning capacity if your injuries prevent you from returning to the same job or working at full capacity in the future.
Property Damage: In addition to personal injury claims, you can seek compensation for any property damage resulting from the accident, such as damage to your vehicle.
Pain and Suffering: Physical pain and emotional suffering are significant aspects of most personal injury claims. Pain and suffering compensation is often based on the severity of your injuries and how they have impacted your life.
Emotional Distress: Many victims of drunk driving accidents suffer from emotional trauma, such as anxiety, depression, or post-traumatic stress disorder (PTSD). Compensation for emotional distress aims to address these psychological impacts.
Punitive Damages
Punitive damages are awarded in cases where the defendant’s conduct was particularly reckless or egregious. Drunk driving, by its very nature, involves a high level of recklessness, and as such, punitive damages are often available in these cases. These damages are meant to punish the defendant and discourage others from engaging in similar behavior.
Florida law limits punitive damages to either three times the amount of compensatory damages or $500,000, whichever is greater. However, in cases where the defendant’s conduct is proven to be motivated by intentional misconduct or gross negligence, these limits may be higher.
Proving Liability in a Drunk Driving Accident Case
In order to recover damages in a drunk driving accident case, you must prove that the other driver was negligent or acted recklessly. In cases of drunk driving, this usually involves proving that the driver was impaired by alcohol at the time of the accident. Evidence such as the driver’s BAC level, field sobriety test results, and witness testimony can help establish liability.
It is also essential to prove that the drunk driver’s actions directly caused the accident and your injuries. This is where medical records, accident scene photos, and expert testimony (such as accident reconstruction experts) play a crucial role.
Comparative Negligence in Florida
Florida operates under a comparative negligence system, which means that even if you were partially at fault for the accident, you could still recover damages. However, your compensation will be reduced based on your percentage of fault. For example, if you are found to be 20% at fault for the accident, your total compensation will be reduced by 20%.
An experienced drunk driving accident attorney will work to minimize any allegations of fault on your part, ensuring that you receive the maximum compensation available.
The Role of Insurance in Drunk Driving Accident Claims
Insurance coverage plays a significant role in personal injury claims stemming from drunk driving accidents. Florida is a “no-fault” state, which means that drivers are required to carry personal injury protection (PIP) insurance to cover their own injuries, regardless of who caused the accident. However, PIP coverage is often insufficient for serious injuries, and in cases where medical bills exceed your PIP limits, you can pursue a personal injury lawsuit against the at-fault driver.
In addition to PIP, Florida drivers are required to carry bodily injury liability (BIL) coverage, which helps cover the medical expenses and damages of other parties involved in the accident. Your attorney will thoroughly examine all available insurance policies to ensure that you receive the full amount of compensation to which you are entitled.
Dram Shop Liability: Holding Bars and Restaurants Accountable
In some drunk driving accident cases, it may be possible to hold not only the driver responsible but also the establishment that served them alcohol. Under Florida’s Dram Shop Law (Statutes § 768.125), certain circumstances allow victims to pursue claims against bars, restaurants, or other establishments that served alcohol to the driver who caused the accident.
Generally, an establishment cannot be held liable for serving alcohol to someone of legal drinking age, even if that person later causes a drunk driving accident. There are, however, two key exceptions.
First, liability may arise if the establishment serves alcohol to a minor. This is true even if the seller was unaware of the minor’s age at the time of sale.
Second, the establishment may be held accountable if they knowingly served alcohol to someone who is “habitually addicted” to alcohol. In these cases, if the intoxicated individual causes harm to others, the bar or restaurant could be sued for damages.
Although pursuing Dram Shop claims in Florida can be more complex due to these limitations, they offer an additional path for victims to recover compensation, particularly when the drunk driver has insufficient insurance or assets to cover the damages.
Why You Need To Act Quickly: Florida’s Statute of Limitations
In Florida, there is a time limit for filing a personal injury lawsuit after a drunk driving accident. This is known as the statute of limitations, and for most personal injury cases in Florida, the time limit is four years from the date of the accident. If you fail to file your lawsuit within this time frame, you may lose your right to pursue compensation altogether.
However, it is essential to act quickly, as gathering evidence and building a strong case takes time. Over time, evidence can be lost or destroyed, and witness memories may fade. By contacting an accident law firm in Boca Raton as soon as possible, you increase your chances of a successful outcome.
Steps to Take After a Drunk Driving Accident
If you’ve been involved in a drunk driving accident, taking the following steps can help protect your rights and improve your chances of securing compensation:
Seek Medical Attention: Your health and safety should be your top priority. Even if you don’t feel seriously injured immediately after the accident, it’s important to seek medical attention, as some injuries may not become apparent until later.
Document the Accident Scene: If you are able, take photos of the accident scene, including vehicle damage, skid marks, and any visible injuries. These photos can serve as valuable evidence in your case.
Obtain Contact Information: Collect the names and contact information of all parties involved in the accident, including the drunk driver and any witnesses.
File a Police Report: Contact the police and file an accident report. Be sure to obtain a copy of the report, as it will be a crucial piece of evidence in your case.
Contact an Attorney: The sooner you contact a drunk driving accident attorney, the sooner they can begin building your case. Your attorney will guide you through the legal process and help you avoid common pitfalls that could jeopardize your claim.
Conclusion: Seek Justice with an Experienced Drunk Driving Accident Attorney
Recovering from a drunk driving accident is a long and difficult journey, but you don’t have to go through it alone. With the help of Jeffrey A. Rosenberg, an experienced car accident attorney in Boca Raton, you can seek justice and secure the compensation you need to move forward with your life. From gathering evidence to negotiating with insurance companies and representing you in court, a dedicated attorney will be by your side every step of the way.
If you or a loved one has been injured in a drunk driving accident, contact the Law Offices of Jeffrey A. Rosenberg, PLLC today. Don’t wait – call us now to discuss your case, explore your legal options and take the first step toward recovering the compensation you deserve.
