Drunk Driving Accidents

We Seek Recovery for Victims of Drunk Driving Accidents Throughout Florida

A drunk driving accident can cause extensive pain, agony, frustration, and expenses for a person who was injured due to someone else’s carelessness. An injured person’s family is often also heavily impacted, especially if their loved one has died in a fatal DUI accident. It is important to understand that the victim injured in a drunk driving accident caused by someone else’s careless choice to drink and drive will not be compensated in relation to the impaired driver’s criminal case. The accident victim will instead need to bring an injury claim against the negligent party to seek financial compensation for medical treatments, vehicle repairs, pain and suffering, and other expenses caused by the accident. Our experienced auto accident trial attorneys at Britto and Herman Injury Lawyers guide drunk driving accident victims in seeking recovery for their losses throughout Florida.

Experiencing a drunk driving accident can profoundly impact a person’s life. Physically, victims often suffer injuries ranging from minor cuts and bruises to severe trauma like broken bones, spinal cord injuries, or traumatic brain injuries. These injuries can lead to long-term or permanent disability, affecting daily activities, work capabilities, and overall quality of life. Emotionally, victims may experience post-traumatic stress disorder (PTSD), anxiety, depression, or fear of driving or being in vehicles.

The financial aftermath of a drunk driving accident can be overwhelming. Medical bills for emergency care, surgeries, rehabilitation, and ongoing treatment can pile up quickly. If the injury leads to temporary or permanent inability to work, lost income adds to the financial burden.

If you have been injured in a DUI accident, a Florida drunk driving accident attorney at Britto & Herman Injury Lawyers can help you navigate these challenges. We can guide the injured person through the legal process, help gather evidence, establish the at-fault party’s negligence, and negotiate with insurance companies to seek fair compensation that can cover medical expenses, lost wages, pain and suffering, and other damages related to the accident.

Let us handle the legal aspects of your case so you can focus on your recovery and rebuilding your life after the accident. Contact our experienced Florida drunk driving accident attorneys at Britto & Herman today to schedule a free consultation, where we will assess your unique injury case.

Important Elements of a Drunk Driving Accident Case in Florida

Several important elements must be present to pursue financial compensation for injuries through a drunk driving accident case in Florida:

• Duty of Care: Every Florida driver has a legal obligation to operate their vehicle safely and avoid causing harm to others. This would include abstaining from operating a vehicle with a dangerous or illegal blood-alcohol content or under a similar impaired condition.
• Breach of Duty: The defendant breached this duty by driving under the influence of alcohol or drugs. Breaching this duty would constitute negligence.
• Causation: There must be a clear link between the defendant’s drunk driving and the injury sustained. The plaintiff needs to show that the accident wouldn’t have occurred if the defendant hadn’t been driving while impaired.
• Damages: Finally, the plaintiff must have suffered actual harm (physical, emotional, or financial) due to the accident.

One factor that comes into play in a drunk driving accident case is Florida’s no-fault law. This law requires each driver’s insurance to cover their own injuries regardless of who was at fault. However, in severe cases like drunk driving car accidents, victims can step outside of this system and sue the drunk driver directly.

The Defendant’s Criminal Case May Affect Your Civil Claim If You Were Hit By a Drunk Driver

While a personal injury claim is a civil matter, a criminal case against the defendant for drunk driving can impact your civil claim. If the defendant is convicted of DUI in a criminal court, that conviction can be used as evidence of negligence in civil court, potentially strengthening your claim against the impaired driver.

Admitting Any Responsibility for the Accident Can Harm or Destroy Your Case

It’s also worth noting that Florida now uses a modified comparative negligence standard. If, as the injured party, you are found to be partially at fault for the accident, then your potential compensation may be reduced proportionately — and if you are more than 50% at fault, they cannot seek financial recovery from the other party whatsoever. It is imperative that accident victims do not admit any degree of fault to insurance, police, the other driver, or anyone else for a motor vehicle accident. Drunk driving accident victims may only learn later from the police report that the other driver had a significant blood alcohol concentration that likely contributed to the crash.

Given this, the criminal drunk driving case against the impaired driver may be of even greater relevance to your car accident case as a means to demonstrate you were not significantly responsible for causing the auto accident and your related injuries. Legal action following DUI accidents can be very complicated. After drunk driving crashes, coordinate with an experienced Florida drunk driving accident lawyer to protect your legal rights, review the accident details and the police report, and strategize your plan to seek appropriate compensation given the unique circumstances and legal options applicable to your accident claim.

What To Do Following a Drunk Driving Accident in Florida

If you’re involved in an accident caused by a potentially intoxicated driver in Florida, it’s crucial to take the following steps:

• Check for Injuries: First and foremost, check yourself and any passengers for injuries.
• Stay at the Scene: It’s important to stay at the scene until it’s appropriate to leave. Leaving the scene of an accident can lead to serious criminal charges.
• Call 911: Notify the police and request medical assistance if needed. The police can document the scene and potentially identify signs of intoxication in the other driver.
• Document the Scene: Take pictures or videos of the accident scene, your vehicle, the other vehicle, and any visible injuries. This evidence can be useful in your claim.
• Gather Witness Information: If there are any witnesses, secure their contact information. They may be able to provide statements supporting your version of events.
• Report the Accident: Report the accident to your insurance company as soon as possible.
• Seek Medical Attention: Even if you don’t feel injured immediately after the accident, seek medical attention. Some injuries may not be apparent right away.
• Contact a Lawyer: A lawyer with experience in handling drunk driving accident cases can help you navigate the legal process and work towards seeking the compensation you need.

Common Injuries Following a Drunk Driving Accident

Drunk driving accidents can lead to a range of injuries, some of which can be severe and life-altering. Some serious and common auto accident injuries include:

• Traumatic Brain Injuries (TBIs): These occur when a sudden trauma causes damage to the brain, potentially leading to long-term cognitive issues.
• Spinal Cord Injuries: These can lead to partial or complete paralysis, dramatically impacting the victim’s quality of life.
• Organ Damage: The force of a collision can cause internal injuries, including damage to organs like the liver, kidneys, or lungs.
• Limb Injuries: These can range from fractures to traumatic amputations.
• Soft Tissue Injuries: These include sprains, strains, and whiplash, which can cause long-term pain and mobility issues.
• Cuts and Burns: Accidents can lead to painful skin damage, including facial scarring and disfigurement.
• Broken Bones: These are common in car accidents and may require surgery and extensive rehabilitation.
• Death: Unfortunately, impaired driving is a leading cause of fatal auto accidents. If you have lost a family member in a Florida drunk driving accident, we can explore your options to pursue a wrongful death claim.

The severity and type of injuries can vary widely based on factors like the speed at the time of the crash, whether seat belts were used, and the point of impact. Seeking immediate medical attention and then coordinating with your attorney regarding follow-up care and treatments can help to accurately diagnose your injuries, promote your physical recovery, and create documentation to support your injury claim.

Types of Damages and Evaluating Your Claim Following a Drunk Driving Accident in Florida

The types of damages injury victims can seek in a drunk driving accident case in Florida are divided into multiple categories:

• Economic Damages: These are clear quantifiable financial losses due to the accident. Examples include medical expenses, lost wages, property damage, and future loss of earnings.
• Noneconomic Damages: These refer to intangible losses that are harder to quantify because they involve subjective experience. They can include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

In addition to the categories of compensatory damages described above, victims may also be eligible for Punitive Damages. These are not compensation, but a form of punishment for the offender and deterrence for others. Florida law recognizes the reckless nature of drunk driving and allows for punitive damages in such cases.

Florida now follows a Modified Comparative Negligence rule. If you are partially at fault for the accident, your potential damages award would be reduced by the percentage of your fault. For example, if you’re 20% at fault and your total damages would have amounted to $100,000, your compensation would instead be reduced to $80,000. Furthermore, if you were more than 50% at fault for your injuries, you would not be able to seek financial recovery.

The valuation of an accident claim depends upon the sum of these different types of damages. Understanding the nature and extent of all your losses is therefore crucial to ensure you are seeking the compensation you need. Your experienced attorney at Britto & Herman can carefully assess the value of your case based on the details surrounding your injury and estimate the damages for which you can seek compensation.

How to Approach Vehicle and Medical Expenses Following a Florida Drunk Driving Accident

After a drunk driving accident in Florida, you need to take care to properly handle vehicle and medical expenses while protecting your injury claim:

• Report the Accident to Your Insurance Company: As soon as possible after the accident, report it to your insurance company. Do not elaborate beyond the requirements of your policy terms to report the accident, as your attorney will handle the insurance communications beyond that point.
• Personal Injury Protection (PIP) Insurance: Florida is a no-fault state, which means that regardless of who caused the accident, your own PIP insurance would cover your medical expenses up to $10,000. In some cases, your PIP insurance can also cover lost wages and other related expenses. Discuss this matter with your attorney.
• Vehicle Repairs: If the drunk driver is at fault, their liability insurance should cover the cost of repairing your vehicle. However, if they are uninsured or underinsured and you have your own collision coverage, you may need to use it.
• Work with an Attorney: An experienced attorney at Britto & Herman can help you navigate the complexities of insurance claims and ensure you are seeking fair compensation. We can also help you file a lawsuit against the drunk driver for damages exceeding your PIP limits, including pain and suffering, emotional distress, and other noneconomic damages.

Remember that timing is crucial. You typically have 14 days from the date of the accident to seek initial treatment in order to qualify for PIP benefits. Also, the statute of limitations for personal injury claims in Florida is two years from the date of the accident.

Coordinating with the Drunk Driver’s Criminal Case to Support Your Claim

An experienced Florida drunk driving accident lawyer at Britto & Herman can provide crucial support to a person who has suffered an accident involving a drunk driver:

• Investigating the Accident: Your attorney can conduct a thorough investigation to gather evidence, including police reports, eyewitness statements, and expert testimonies.
• Handling Insurance Companies: Our attorneys can negotiate with insurance companies on your behalf to seek fair compensation for your losses.
• Determining the Full Extent of Your Damages: They can help identify all potential damages, including medical expenses, lost wages, pain and suffering, and other non-economic damages.
• Coordinating with the Drunk Driver’s Criminal Case: Your attorney can use evidence and findings from the criminal case to support your personal injury claim.
• Representing You in Court: If a fair settlement cannot be reached, your attorney can represent you in court to fight for the compensation you need.

If you’ve been injured in a drunk driving accident in Florida, seek legal guidance as soon as possible. At Britto & Herman Injury Lawyers, we offer a free consultation to assess your unique case and guide you on the right course of action. This is an important first step in pursuing your recovery and protecting your accident claim.

Schedule a Free Case Evaluation Today with Britto & Herman Injury Lawyers to Explore Your Drunk Driving Accident Injury Case

At Britto & Herman Injury Lawyers, we prioritize seeking justice for accident victims and their families throughout Florida. Following an accident caused by a drunk driver, you need guidance to avoid legal pitfalls and effectively seek financial compensation for medical care and expenses, lost wages, pain and suffering, vehicle expenses, and other damages. We serve residents in all Florida counties, and we are ready to help you strategize your next steps.

Contact us today at our Florida law firm to schedule a free case evaluation and discuss your drunk driving accident injury claim with one of our skilled and knowledgeable personal injury lawyers by calling (561) 835-5555(561) 835-5555 or filling out our online form. Let us advocate for your rights.

Our committed team has successfully secured millions for Florida residents by handling accident claims related to personal injuries. Unlike many other Florida personal injury law firms, we are well-prepared to pursue a personal injury lawsuit in court if it is necessary. We are available 24/7 to fight for you.

The Voice for Florida Injury Victims

Frequently-Asked Questions Regarding Drunk Driving Accident Cases in Florida

Can I sue the driver who was intoxicated during an auto accident in Florida if I suffered injuries and other losses like vehicle damage?

Yes, you can sue the drunk driver for negligence in order to seek compensation for your injuries, property damage, and other losses. Operating a vehicle while intoxicated is against the law in Florida, and such behavior would also be negligence on the part of the intoxicated driver.

Do I need to pursue a personal injury claim in Florida following a drunk driving accident if the other driver was charged with driving while intoxicated?

The intoxicated driver’s criminal case does not compensate injury victims, so you would need to pursue an injury claim based on the driver’s negligence to seek compensation for your injuries and losses.

What types of damages can I seek following a drunk driving accident in Florida?

You can seek compensation for medical expenses, lost wages, pain and suffering, and in some cases, punitive damages.

What types of evidence do I need to collect to prove negligence for a drunk driving accident case in Florida?

Evidence can include police reports, breathalyzer results, witness statements, and photographs of the accident scene.

How does drunk driving affect personal injury claims in Florida?

Drunk driving can significantly impact a personal injury claim, often leading to higher compensation due to the reckless nature of the act.