Plantation Drunk Driving Accident Lawyer

Knowledgeable Plantation DUI Accident Lawyer Advocate For Victims of Drunk Driving Accidents

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Florida Criminal DUI Charges versus Drunk Driving Accident Claims

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Different Types of Drunk Driving Accidents

Types of Damages in a Drunk Driving Accident Case

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Medical expenses

You should not be responsible for paying a penny for the treatment you need for injuries due to a drunk driver. Your claim should include the costs of emergency care you received, emergency transportation, diagnostic testing, surgeries, hospital or ICU admission, specialist and follow-up appointments, medical equipment, medication, rehabilitative therapy, and anything else you needed.

Lost wages

Many traumatic injuries have physical or cognitive effects that prevent you from working. In addition, as part of your treatment plan, your doctor might order that you take some time from work to ensure that you rest and do not risk further injuries. In either situation, if you lose any wages – including overtime, bonuses, commissions, and more – you can seek compensation for this amount.

Future financial losses

For those with severe injuries, the effects of the injuries can last far longer than an insurance claim or personal injury lawsuit. This means that your claim will need to account for the losses your injury will create in the future. If you need ongoing medical treatment, a medical expert will likely need to testify to the estimated costs of the treatment you will need in the future. If you will still not be able to work following your claim, or perhaps can never return to work at all, experts can assess the earnings you stand to lose from the loss of your career.

Pain and suffering

Not all losses are related directly to money. Some injury-related losses affect your life in intangible but still very real ways. Injury victims can experience ongoing pain from their injuries, mental trauma from dealing with an injury or due to the trauma of the crash itself, and other effects that can be difficult to quantify. Just because it is challenging to place a value on pain and suffering does not mean you should overlook this often high-value portion of your injury claim.

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Plantation Drunk Driving Accident FAQs

If the police came to the scene and suspected that the driver was drunk, they should have administered a field sobriety test or taken a blood test at the station after an arrest. These can serve as evidence in your case. The defendant may question the reliability of these tests and the chain of custody of the sample, but they should raise these concerns in their criminal case.

You may also use evidence of how the driver looked and acted at the scene of the accident, told through witness testimony. If their appearance was that of a drunk person, it could be evidence that they were negligent. They may reek of alcohol and slur their words, and that is admissible if someone witnessed it.

Florida has a wrongful death statute that allows surviving family members to file a claim against the drunk driver. The law gives the order of priority, and it is the surviving spouse who has the first right to file the claim. The children may also join the same lawsuit, as might the victim’s parents.

The family can recover financially for what their loved one went through before their death. This could include their pain and suffering and medical bills. In addition, they could also recover the money that their loved one could earn over their lifetime and also recover the grief and trauma of losing their family member in an accident. Wrongful death damages from a drunk driver could be considerable, and they could reach the policy maximum. Then, the drunk driver would be personally liable for any damages that exceeded what the insurance would pay.

Most likely, your case would not go to trial. Most defendants have every incentive to stay away from a jury in a drunk driving civil case. After all, the facts look pretty bad for the defendant. In addition, there is a possibility that the jury could hit the driver with a large verdict. In other words, they have every motivation to settle. However, this does not mean that they will make the right offer. Your Plantation auto accident lawyer will handle the legal strategy, and they may feel that they have more leverage in settlement negotiations.

Still, most insurance companies will want to avoid a trial at all costs in a drunk driving civil lawsuit. Usually, they get unfavorable results. This is in line with the statistic that only about 5 percent of civil cases end up going to a trial. The insurance company, while they may be extremely difficult, is also rational. They know that there is a chance that the jury could make them pay much more.

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