DUI Accident Lawsuit: How Will You Be Compensated?
The numbers related to alcohol-related accidents are a never-ending proposition. According to the National Highway Traffic Safety Administration (NHTSA), more than 25% of all traffic-related deaths directly result from alcohol impairment. Additionally, in 2020, during a pandemic that restricted travel, NHTSA reported that fatal crashes were up 9% over 2019.
In Florida, 746 fatalities resulted from crashes involving alcohol, drugs, or a combination of both in 2020, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
According to Florida law, Driving Under the Influence (DUI) of alcoholic beverages, chemical substances, or controlled substances is one offense provided by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. Upon conviction, the penalties are the same, regardless of proven offense. A second offense will result in a one-year suspension.
But what about the victims of alcohol-related incidents? Where do they stand in the aftermath of the accident and legal proceedings that ensue? Will they be compensated for the DUI accident?
How Will You Be Compensated For a DUI Accident Lawsuit?
The average compensation obtained in a drunk driving accident can vary drastically. The main factor is typically the amount of insurance available to cover injuries suffered in the DUI crash. There is no requirement for drivers to have insurance coverage for injuries they may cause to others in Florida. For that reason, it is crucial to make sure that you carry uninsured motorist coverage, and we suggest at least $100,000 per person if you can afford it. This coverage covers you and anyone in your household for medical expenses, pain and suffering damages, lost income, and several other damages to which you may be entitled if you are the victim of a DUI driver. Florida only requires drivers to carry $10,000 in property damage liability. Meaning that if your car is worth more than that and a DUI driver causes your vehicle to be a total loss, there may not be enough insurance from the DUI driver to pay for your car unless they carry more than the minimum requirement.
As the victim, your compensation for a DUI accident lawsuit is based on several factors, including:
- Medical expenses (hospital bills, physical/occupational therapy, medication, medical-related equipment like wheelchairs, ramps, crutches, etc.)
- Home care expenses (home nurse, ramps, etc.)
- Financial recovery (lost wages and earnings)
- Pain and suffering (any general damages resulting from the injuries you incurred)
Many lawyers settle alcohol-related driving accident claims with the at-fault driver and the driver’s insurance company. However, our attorneys at Florin Gray recommend that you let us file a lawsuit on your behalf because much more significant awards are achieved once we get our hands on the case.
Damages calculations in DUI crashes are not just simple mathematic equations; instead, they require the skill, knowledge, and experience of litigators like those at Florin Gray to fully explain in detail the economic and non-economic harms and losses you have suffered. However, there is an artful way to get significant non-economic damage awards even when your medical expenses may be low, and that is what our skilled attorneys know how to do. This way, you get full justice for what has been taken from you, not half judge.
Fortunately, punitive damages can be brought against a DUI driver if he hurts you or damages your property. Unfortunately, most insurance policies do not cover punitive damages. Still, you need to hire a qualified attorney like those at Florin Gray to do an asset check on the DUI driver to make sure you get all of the compensation you and your family may be entitled to receive. Punitive damages are achievable when we show that the at-fault driver was guilty of gross negligence.
In all injury cases, your spouse, your children, and sometimes even your parents can recover claims of loss of consortium if the facts support those claims. For instance, if a husband is injured and cannot help around the house to provide love and affection to his spouse before the DUI crash, his spouse can claim those damages for the items taken from her.
Finding the proper legal counsel to represent your interest is imperative in what can be an extremely emotional, volatile time. Having a DUI attorney committed to checking every detail in your case is critical. We help you get compensated for your DUI accident lawsuit with more than 100-plus years of experience. Florin Gray, has been a trusted ally in the fight for DUI victims’ rights.
Call us today for a free consultation.