The factors that determine the value of a settlement in a drunk driving car accident differ from case to case, so there is no way to understand your possible recovery based on an average. The location and severity of your injuries and the financial harm you suffered play a significant role in your compensation and are unique to your case.
Our attorney will calculate a potential settlement range after collecting the evidence to show your accident-related expenses and losses. This is the best way to learn what your drunk driving accident claim or lawsuit might be worth.
Victims may not Recover more Compensation for a Drunk Driving Collision
Drunk driving is a crime, and the driver who caused your accident and injuries could face a criminal case under Florida Statutes §316.193 (3). They could face penalties that include:
- Jail time
- Significant fines
- A driver’s license suspension
- Other penalties
However, the outcome of this criminal case will have little to no impact on your civil case against the driver. While the evidence used in the case may support your allegations that they acted recklessly and caused the crash, it will not alter the compensatory damages in your case.
Your drunk driving lawyer in Fort Lauderdale will explain the differences between the criminal case and the civil one, detailing the compensatory damages you could obtain through a claim or a lawsuit. Your attorney will calculate all your economic and non-economic losses and assign monetary values to them. The recoverable damages in your case come from your injuries, as well as the documentation of the expenses and losses you suffered.
Punitive Damages may be Available to Some Accident Victims
While punitive damages are generally very rare in personal injury accident cases, they may be available in some drunk driving accident cases. Punitive damages serve as another penalty for these reckless drivers.
Under Florida Statutes §768.736, victims of a drunk driver have special permission to pursue punitive damages with a lessened burden of proof than other negligence cases.
If you want to pursue punitive damages or have questions about this type of financial recovery, a personal injury lawyer with our firm can answer your questions and explain the process.
For a free legal consultation 800-747-3733
Building a Case for Compensation Against the Drunk Driver Who Hit You
To secure a fair settlement or court award based on the facts of your car accident case, you will need to know the value of your economic and non-economic losses. If you are working with an attorney, they will handle this process for you. If not, you must collect evidence to document your recoverable damages and calculate the value of your case based on them.
Some common damages available for recovery in traffic accident cases include:
- Ambulance transportation
- Medical care costs
- Future treatment and support expenses
- Lost wages and loss of future income
- Additional expenses
- Pain and suffering
Proving the Value of Your Case with a thorough Investigation
Personal injury law firms handle investigations into collisions regularly. They know how to go about proving the necessary elements in these cases and gather the support that is essential for negotiating with the insurance company.
To convince the insurer their policyholder is responsible and receive an appropriate payout, you will need to show:
- The driver acted negligently
- They were liable for your collision and injuries
- You endured injuries and financial harm
Of note, you do not have to show they were drunk at the time of the crash, only that they caused it. Evidence to prove the value of losses in these cases often includes:
- Medical bills
- Related bills, estimates, and receipts
- Documents showing missed work and missed wages
- Receipts for out-of-pocket expenses
- Your relevant medical records
- Medical expert witnesses
- Other experts
An attorney with our law firm will handle gathering this proof and putting a price range on your claim or lawsuit if you choose to partner with one. They can then use the value calculated to demand a fair settlement from the insurance company or threaten to take the driver to court.
Working with our Personal Injury Attorney to File Your Insurance Lawsuit
Most personal injury attorneys manage injury cases based on contingency fees. You should not have to pay for your initial consultation with a firm or any other upfront costs. These lawyers get paid out of the recovery they secure in your case.
Having our attorney on your side will ensure you can worry about healing from your injuries and returning to your everyday life. We will take care of everything else.
It is important you reach out to our law firm quickly after your accident, though. Evidence can disappear within weeks. There is also a four-year deadline for filing a personal injury lawsuit, if that becomes necessary, under Florida Statutes §95.11(3)(a). Four years is considerable time, but we encourage you to start early on filing a civil action, as it takes time to build a strong case for compensation.
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Talk to Our Team About Your Drunk Driving Accident and Injuries for Free Today
At the Law Offices of Anidjar & Levine, we provide complimentary case consultations to car accident victims. We can help you learn more about your legal rights and the steps you can take to pursue compensation if a drunk driver caused your crash.
We have someone available to discuss your case with you now. Call now to get started right away.
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