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Are You Eligible for a DUI-Related Personal Injury or Wrongful Death Lawsuit?

According to the U.S. Department of Highway Safety, over 3,200 people died in Florida as a consequence of encountering drunk drivers. When death or serious injuries occur as a result of an accident involving an intoxicated driver, victims should consider filing a personal injury or wrongful death lawsuit to recover damages for physical and mental suffering.

Similar to other states, Florida’s drunk driving laws also incorporate the “dram shop law,” which determines whether the owner of a liquor establishment exercised bad judgment by serving alcohol to an individual who ultimately caused an automobile accident. To prove that the owner of the establishment is liable, your attorney will need to prove one of the following scenarios:

  1. The establishment or one of its employees served alcohol to a minor, resulting in a car accident.

  2. The establishment or one of its employees served alcohol to a patron who is known to be an alcoholic or a habitual abuser of alcohol.

In order to win a DUI-related personal injury or wrongful death lawsuit, you will need to consult with an attorney, preferably one with experience winning these types of cases. In addition, you’ll want to ensure your attorney has the ability to gather the evidence necessary to successfully argue your case in court and ensure you receive the compensation you deserve.

Understanding Compensatory Damages in DUI Injury Cases

After a DUI-related crash, you may have the right to pursue compensation for both economic and non-economic losses. These compensatory damages aim to make you whole again by covering the financial and emotional toll of the accident. A skilled DUI accident attorney will help you identify all possible areas of compensation so that you do not leave money on the table.

Economic Damages

Economic damages cover the actual financial losses you have suffered. These are easier to quantify and typically supported by receipts, medical bills, or employment records.

Current medical bills

Medical expenses are often the largest category of economic damages. This includes hospital bills, ambulance fees, follow-up doctor visits, surgeries, rehabilitation, and medications. Those costs can also be factored into your claim if you require long-term care or assistive devices.

Future estimated medical costs

Future medical costs can be significant in cases involving long-term injuries or permanent disability. An attorney will often work with medical experts to estimate the cost of those future needs.

Lost earnings

Lost income includes any wages you missed because of your injuries. If you cannot return to your previous job or if your earning potential is permanently affected, you can also seek compensation for lost future earnings.

Non-Economic Damages

Non-economic damages address the suffering you experience from the crash, even if they do not come with a direct financial bill. These are more subjective but can significantly increase the value of your case.

Pain and suffering

Pain and suffering refer to the physical pain caused by your injuries. Whether you suffered from broken bones, head trauma, or internal injuries, the law allows you to recover for the discomfort and inconvenience these injuries brought into your life.

Mental trauma

Emotional trauma can include anxiety, depression, or post-traumatic stress disorder after the accident. Even if your physical injuries heal, the mental scars may linger, and a strong claim should reflect this.

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Are You Entitled to Punitive Damages?

When plaintiffs are awarded punitive damages in a drunk driving case, this indicates that the court thought the conduct of the defendant warranted additional punishment intended to deter him or her from repeating the same, reckless actions in the future.

Although plaintiffs may also sue for compensatory damages and win such an award, judges or juries may feel that these damages are inadequate given the circumstances surrounding the accident. In these cases, they will often award punitive damages as well. According to Florida statutes regarding punitive damages, you may be entitled to compensation if:

  • The defendant’s conduct caused loss, injury, or damage that is so gross and flagrant as to show a reckless disregard of human life or the safety of persons exposed to the effects of such conduct.
  • The defendant’s conduct revealed such an entire lack of care that the defendant must have been consciously indifferent to the consequences.
  • The defendant’s conduct showed such reckless indifference to the rights of others as to be equivalent to an intentional violation of those rights.

How a Skilled DUI Attorney Builds a Strong Case

When you hire a DUI attorney, you are not just hiring someone to file paperwork. You are bringing in an advocate who knows how to build a strong, evidence-backed case that proves the other party’s liability and the full extent of your damages.

Conducting a Thorough Investigation

Your attorney will begin by conducting a detailed investigation of the accident. This involves reviewing police reports, accident scene photos, and medical records. The attorney will also identify witnesses and gather their statements while the details remain fresh in their minds.

Your lawyer can also subpoena bar receipts and toxicology reports to determine the driver's blood alcohol content and where they consumed alcohol. This can support a potential dram shop claim against the business that served the intoxicated individual.

Negotiation and Litigation

Once your case is prepared, your attorney will negotiate aggressively with the insurance company. If the insurer refuses to offer fair compensation, your attorney will take your case to court and present your story to a judge or jury.

How Criminal DUI Charges Affect a Civil Injury Case

It is important to understand that the drunk driver’s criminal charges do not control your ability to pursue a civil claim. While a DUI conviction can serve as strong evidence in your injury or wrongful death lawsuit, it is not required for you to win your case.

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Different Legal Standards

In a criminal trial, the prosecution must prove guilt beyond a reasonable doubt. This is a high standard. In contrast, civil injury claims only require proof by a preponderance of the evidence, meaning it is more likely than not that the defendant caused your injuries. Even if the driver avoids criminal conviction, you can still hold them accountable through a civil lawsuit.

Crafting a Parallel Legal Strategy

An experienced DUI injury lawyer understands how to work around the timing of criminal proceedings. They may delay your civil case while the criminal matter unfolds or use the results of a plea deal or conviction to your advantage. Whether or not the state presses charges, your attorney can help ensure that justice is still served through the civil court system.

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Experienced Vehicular Homicide Attorneys

Drunk drivers who kill another human while behind the wheel of a motor vehicle may be charged with vehicular homicide. Florida law describes vehicular homicide as:

“The killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm, to another.”

Even if an intoxicated driver is traveling well below the speed limit, if they have a blood alcohol level over .08 and they cause someone else’s death while driving, he or she can be charged with vehicular homicide under Florida law. Due to the level of pain and suffering involved with serious drunk driving lawsuits, our vastly experienced attorneys at Goldberg & Rosen are passionate about procuring damages for the victims and their families. We will work relentlessly to make sure intoxicated drivers pay for their careless actions, while ensuring you obtain the full compensation you deserve.

FAQ DUI Cases

What happens if the drunk driver was uninsured or underinsured?

You may still be able to recover compensation by filing a claim through your own uninsured or underinsured motorist coverage. Your lawyer can also investigate whether other parties share liability, such as a bar or restaurant that overserved the driver.

Do I need a lawyer even if the drunk driver’s fault seems obvious?

Yes. Insurance companies often try to reduce what they pay, even when fault is clear. A lawyer can gather evidence, calculate your full damages, and fight for the compensation you deserve.

What if the drunk driver fled the scene of the accident?

If the driver is found, they can face criminal charges and be held liable in a civil case. If they are not identified, you may still pursue compensation through your own uninsured motorist coverage.

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Free & Confidential Case Evaluation

If you or a loved one has been the victim of negligence or misconduct, please do not hesitate to contact some of the most effective attorneys Miami has available at Goldberg & Rosen today to receive guidance about your legal options with a free and confidential case evaluation.

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