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Drinking and driving is against the law anywhere in the United States. In Florida, it is a violation of §316.193, but there were 4,984 drunk driving crashes in Florida in 2019.
When you have been injured in a drinking and driving accident, you are entitled to compensation for the damages and losses you have incurred. There is no average settlement that you can get for this, as each case will vary. However, there are several losses that you can claim.
Economic Damages for Drinking and Driving
When you have been in a car accident from drinking and driving, there are several economic damages that you will be eligible for.
- Medical costs: This will include expenses you incur due to the accident and expenses you may incur after the accident.
- Lost Wages: If you lose work due to your injuries or can’t return to work right away, you can claim these economic damages.
Non-Economic Damages for Drinking and Driving
Non-economic damages refer to the damages you incur that are not quantified by receipts and medical bills.
- Pain and suffering: This includes the trauma that is associated with being in a car accident.
- Mental anguish: Mental anguish refers to the fear you may have after an accident, anxiety, depression, or even humiliation.
- Loss of consortium: If you lost affection or companionship due to this accident, you could sue for this loss.
- Wrongful death.
When you have been injured due to a drinking and driving accident, you will feel overwhelmed. This accident could impact the rest of your life. You don’t need to go through this alone.
Contact a Florida Personal Injury Attorney Today
We have been working with victims of drinking and driving for years and know how to fight for your rights. Call our car accident attorney team for a free consultation today at (850) 706-4434. We’ll fight for you to get your life back.
FAQ
Is the other driver allowed to refuse a breathalyzer?
In Florida, the answer to that is yes under Florida Statute §316.1932. However, Florida law also allows for you to mention this during a civil case. If you can show that the other driver refused a breathalyzer, this can help. Civil juries typically do not like hearing that this happened, and this could work in your favor.
Is it true I can sue the bar that served the driver, or is this urban legend?
It is true. For Florida, the statute is §768.125 stipulates that bars have an obligation to serve responsibly and safely.
Will I need to go to court to get a settlement after a drinking and driving accident?
You may not need to. However, if you do, you will likely get a more significant award if the case is in your favor. The larger awards typically occur with some time spent in court.