When you have been a victim of a drinking and driving accident and have sustained injuries, it’s natural for you to consider filing a lawsuit. The law provides for it as well. With all that you have going on now, it would be normal to feel overwhelmed as well.
You don’t have to go through this alone. A Florida personal injury attorney can help you organize what you need to file a successful drunk driving lawsuit. Here’s what you need to know.
What Kind of Injuries Can You Sue For?
You can sue for compensation for any injury after a drunk driving accident. For most injuries, you will go through your insurance company to recover damages to recover losses. That is because Florida is a no-fault state, and insurance laws require you to go through your insurance company first.
When your insurance caps are met, if you still have damages, you may consider suing. Suing is most likely to happen when the injuries are severe or the losses are severe. For example, a wrongful death suit may be a situation where you would sue after a drunk driving accident.
You may also sue in the event of:
- Permanent scarring
- Permanent injury
- Loss of function
What Kind of Damages Can You Sue For?
In Florida, you can sue for economic damages, non-economic damages, and in some cases, punitive damages.
Economic damages refer to the damages you sustain that can be quantified or counted. That means your medical bills, travel expenses, and lost wages due to your accident.
Non-economic damages refer to damages such as pain and suffering, mental anguish, and loss of consortium or companionship.
Punitive damages refer to damages that are punishment in nature. In other words, when drivers act irresponsibly and recklessly, and intentionally, they can be punished with a civil penalty in a civil claim.
Consult a Florida Personal Injury Attorney for Your Drunk Driving Accident Today
If you have been injured or suffered serious financial losses due to a drunk driving accident, you are entitled to compensation for those damages. You don’t have to seek that compensation alone. At Stevenson Klotz Injury Lawyers, we help drunk driving victims pursue the justice they deserve every day.
If the other driver is charged, will the criminal case impact my civil claim?
It probably will from a timeline perspective. From a legal perspective, no. Most people charged with DUI will want to fulfill their obligations to the state first. That will include any fines that they incur under the criminal problem.
If you sustained injuries and another driver caused them, they should be held responsible.
Will I get a more significant award if it is a drunk driver?
That depends on the case—the more serious your injury, the higher your award. Also, if you go to a judge or jury trial for your civil claim, you are likely to see a higher award. Additionally,in a drunk driving accident, you may be able to sue for punitive damages which may result in a higher award.
What will a personal injury lawyer do for me?
A personal injury lawyer will collect evidence, perform depositions, interview witnesses, gather records, write letters, and file motions for your case so that you don’t have to worry about it. They will do that and help you to settle your case or prepare for trial.