The Law Offices of Anidjar & Levine offer free case reviews to Fort Lauderdale drunk driving accident victims. We can explain your options for getting the money you need to cover your losses and expenses.
Call us today to discuss your case with a Fort Lauderdale personal injury lawyer’s firm.
Recoverable Damages After a Fort Lauderdale Drunk Driving Accident
The damages you can recover after a Fort Lauderdale car accident depend on whether you qualify to file a third-party liability claim. Everyone can receive limited medical coverage and lost wages through their personal injury protection (PIP) policies.
Suppose you suffer injuries that meet the state’s “serious injury” threshold or another exception to the no-fault law. In that case, you may be able to recover several other types of damages from the drunk driver’s auto insurance provider.
Examples of Compensatory Damages
If you suffered serious injuries, you might be able to demand a payout based on your expenses and losses from the accident. Some of the most common damages we have recovered for drunk driving accident claimants include:
- Any remaining medical bills after filing for PIP coverage
- Ongoing care costs
- Lost wages and future lost income after a car accident
- Repair or replacement of your vehicle
- Other property damage expenses
- Various out-of-pocket costs
Non-Economic Damages
In addition to the above-listed payments, you may be able to recover compensation for your non-economic damages. These include:
- Pain and suffering
- Disability
- Scarring
- Disfigurement
- The loss of a limb
- Impaired quality of life
- Loss of consortium
- Emotional anguish
Punitive Damages
In some cases, the judge in a drunk driving civil case also will opt to award accident victims punitive damages. Unlike other court-ordered compensations, punitive damages are not meant to cover the money you lost because of the accident. Instead, they punish the at-fault driver for his or her reckless actions.
Proving Negligence and Liability in a Fort Lauderdale Drunk Driving Accident
To hold the drunk driver liable, we need to ensure you meet the state’s “serious injury” threshold. Serious injuries can constitute:
- Death, or an injury that will lead to death
- A significant impairment of a vital body part
- A permanent injury that causes a lasting impairment
- Considerable scarring and disfigurement
- Suppose the driver receives a conviction in his or her criminal case. In that case, we may be able to pursue liability even if your injuries do not precisely meet the severe injury threshold.
We will review your case to determine if we can help you file an insurance claim or lawsuit to hold the drunk driver accountable for their negligent actions.
Evidence of the Other Party’s Drunk Driving Will Help Us
After ensuring you qualify to file a claim or lawsuit, we will gather evidence to prove the drunk driver’s blood-alcohol content contributed to your accident and injuries. We still need to show he or she acted negligently to win your case. We can use the evidence the police collected to support your case.
Even if the police do not pursue a criminal case, we will investigate to prove:
- The driver had a duty to drive reasonably and carefully and remain sober behind the wheel.
- The driver acted recklessly and carelessly, violating drunk driving laws as well as other traffic laws.
- The reckless actions caused the crash and your injuries.
- You suffered financial losses in addition to your physical and emotional injuries.
Navigating the Florida Drunk Driving Accident Claims Process
To help you get the money you deserve, we first need to determine if you meet the “serious injury” threshold. We may be able to determine if you are eligible to file a liability claim during your initial consultation.
Once we fully understand your legal options, we can begin the process of investigating your accident and trying to recover the compensation you deserve.
We will handle the entire claims process for you, including:
- Collecting all evidence
- Calling in experts to understand how your accident occurred
- Interviewing witnesses
- Enlisting the help of accident reconstruction specialists
- Obtaining files from the criminal case against the drunk driver
- Estimating a fair settlement value for your case
- Filing an insurance claim on your behalf
- Negotiating a fair settlement with the insurance company, if possible
If we cannot use negotiation tactics to get the fair payout you deserve, we can file a personal injury lawsuit against the drunk driver. Filing a lawsuit allows us to present your case to the judge and jury and ask for the full compensation you deserve.
Litigating a case is sometimes the only way to recover the payout you need to cover your financial expenses and non-economic losses.
We Can Navigate the Claims Process for You
Florida has no-fault auto insurance laws that require you to first turn to your PIP policy for compensation after a car crash. In many accidents, this is your only option for payment.
If you suffer serious injuries or meet another no-fault exception, you may be able to hold the at-fault driver liable.
We Will Determine How Your Accident Occurred
Drunk driving accidents can happen due to many circumstances. These can include the following:
- A driver got behind the wheel and was not paying attention to the flow of traffic while intoxicated and rear-ended you.
- A drunk driver was not informed to refrain from drinking while taking medication (which could make the medical team liable).
- A drunk driver willfully ignored traffic signs and signals.
- A drunk driver misjudged the timing of a traffic light that was not installed correctly, potentially making a municipality partially liable for your accident.
Time Limits on Filing a Drunk Driving Injury Accident Lawsuit in Florida
Florida laws give you four years from the date of your injuries to file a lawsuit against the drunk driver who caused your car crash. This deadline applies only to litigating the case in court.
However, we need to take action quickly after an accident to help us build a solid case. Having the ability to file a lawsuit if necessary also provides leverage to convince the insurance company to pay you instead of going to trial.
Our Firm Operates with Clients in Mind
We want our team to benefit our clients in all ways. We will make sure to answer your questions and provide guidance, keep you updated throughout your case, and advocate for you and your family.
We also offer free case reviews to all prospective clients. This way, you can speak to us about your case and your expectations to determine whether we are a good fit. Consider our contingency-fee payment structure, which prevents our clients from having to pay hourly or upfront for our services.
We do not get paid if you do not win, as our fee comes out of your award. This incentivizes us to do our best.
Our Client Reviews Attest to Our Commitment
Our past clients have left reviews of their experiences with us. They consist of comments like the following:
“The thoughtfulness, attention to detail, follow-up phone calls and emails, scheduling appointments, helping with repairs to my car, were things I could never have accomplished without them. My sincerest heartfelt appreciation to them and their amazing firm. I would have no problem whatsoever recommending them to anyone & everyone.”
The Effects of Alcohol on Driving
According to the National Highway Traffic Safety Administration (NHTSA), once a person’s blood alcohol level (BAC) reaches the legal limit, it has significant impacts on driving. Typical effects include:
- Short-term memory loss
- Inability to concentrate
- Inability to control speed
- Poor judgment
- Loss of self-control
BAC can continue to rise even after the person stops drinking, which can lead to more serious effects like poor muscle control, slowed thinking, and reduced reaction time. These symptoms can be devastating when operating a vehicle, even at slow speeds.
Florida Drunk Driving Statistics
In 2019, Florida reported 4,984 alcohol-confirmed crashes, per Florida Highway and Safety Motor Vehicles (FLHSMV) statistics. Of those crashes, 378 fatalities and 425 incapacitating injuries were reported. The report also revealed a 2-year average of 5,045 alcohol confirmed crashes across the state. Collier County accounted for 90 of these crashes in 2019, with an average of 93 crashes over a 3-year period. These numbers have remained consistent over the years.
Impaired driving is a serious issue in Florida and poses a threat to everyone on the road. Fort Lauderdale remains one of the most dangerous cities for driving in the state, and impaired driving exacerbates that problem.
But drunk driving is no accident, it is a choice that comes at a high cost. Our attorneys want to hold drunk drivers accountable for their negligence and get justice in your case. We can help you pursue a personal injury claim or wrongful death lawsuit.
Next Steps After a Fort Lauderdale Drunk Driving Accident
After a drunk driving accident, you must take appropriate steps to protect yourself and your rights.
Report the Accident
Immediately report the accident to the police. Give a detailed account of events, including any erratic behavior that might point to the driver being under the influence. The police can conduct a sobriety test, and if they are found to be under the influence, this can help prove fault and negligence in your claim.
If you did not file a report at the scene or were physically unable to, you can still do so by calling the Fort Lauderdale Police Department.
Continue Medical Care
When you’re in a serious accident with a drunk driver, you may suffer from extensive injuries. Continue medical treatments such as rehabilitative care, surgeries, and follow- up appointments to ensure you fully recover. Your medical records are another form of evidence that can be used in your claim.
Collect All the Facts of Your Case
Gather your case information including photos and witness information. We’ll use this evidence to aid our investigation and support our legal argument.
Be Careful When Talking to Insurance Companies
The insurance company’s top priority is to protect its bottom line, and they may employ devious tactics to keep you from claiming compensation for your losses. Avoid making any official statements to the insurance companies and consult our attorneys before accepting a settlement.
Contact Our Attorneys
All car accidents are serious, but a professional should handle the negligent nature of a drunk driving accident. Our team is equipped to help you pursue a claim against the driver alongside the criminal charges they face, even if they become incarcerated. Our attorneys will work tirelessly to get a fair settlement in your case so that you can begin your road to recovery.
Discuss Your Case with a Drunk Driving Accident Lawyer in Fort Lauderdale, FL
A car accident lawyer from the Law Offices of Anidjar & Levine can help you hold the drunk driver who caused you to suffer serious injuries accountable for his or her actions. We offer free case evaluations and consultations. Call us today for your complimentary case review with a drunk driving accident team member.
We Can Help.
