When a drunk driver injures you, you may be able to hold them financially liable for your injuries and other losses.
Have a drunk driving accident lawyer in Palm Bay, FL review your case for free. You should know what your potential legal rights are, and an injury attorney can explain how you can seek compensation for your injuries.
Recoverable Damages in Drunk Driving Accident Lawsuits
The purpose of an injury claim is to make you whole again. This means you may be entitled to compensation for any of your accident-related losses and damages. This may include:
Economic damages (e.g., losses that correspond with bills and receipts) can include any of the following:
- Medical bills
- Lab tests
- Hospital stays
- Prescription drugs
- Physical therapy
- Medical equipment
- Lost wages
- Loss of earning capacity
- Property damage
Keep receipts and invoices for all of these expenses and bring them to your initial consultation. You can prove lost wages with pay stubs or tax returns.
Noneconomic damages include:
- Physical pain and suffering
- Mental and emotional pain and suffering
- Loss of enjoyment
- Loss of consortium
These damages are more difficult to estimate. Noneconomic damages do not have a set value as they differ depending on the accident, injuries, severity, and the person who suffered the injury.
Florida law allows claims for punitive damages in a limited number of cases in which either of the following were present:
- Intentional misconduct: When a party knows they are doing something wrong and that a high risk of injury to another party exists.
- Gross negligence: Reckless actions that show a conscious disregard or indifference to another person’s safety.
When an intoxicated person gets behind the wheel, they may meet the standard for intentional misconduct or gross negligence because they should know that intoxicated driving is both illegal and dangerous. Judges award punitive damages to punish the offender and to deter others from acting similarly.
Our Palm Bay personal injury attorneys can help you calculate all of your potential damages. Call 1-800-747-3733 now to set up your free case evaluation.
What to Expect from The Claims Process
Once we have reviewed your case and gathered evidence, we can begin the insurance claims process. Florida follows a limited no-fault system, which requires drivers to first turn to their own personal injury protection (PIP) coverage for some damages from an accident.
If you meet the criteria, we can step outside the no-fault system and file a claim against the other driver’s insurance company. The insurer will conduct its own investigation to determine who was at fault and what the resulting damages are.
The insurance company may decide to approve the claim, deny it, or offer a settlement. If you do not receive a fair settlement offer, we are prepared to go to trial and argue your case before a jury.
How Anidjar & Levine Can Help
Our team wants you to focus on your recovery — not on filing a claim, proving liability, building a case, and communicating and negotiating with insurers. When you enlist our help, we handle all aspects of your case. This may include:
To prove the other party was negligent and caused the crash, we may need evidence such as:
- The police report
- Any breathalyzer or blood test results
- Eyewitness testimony
- Surveillance video
Proving the Other Driver Caused the Crash
To recover compensation, we must prove the other driver was liable for the collision. This involves establishing that the driver breached their duty of care to you and that the breach caused the collision and your injuries.
Driving while intoxicated is a breach of a driver’s duty to other motorists. If we can prove the breach caused the accident, you should be able to recover compensation.
Communicating with Insurers
Some insurers will do whatever it takes to avoid paying you the compensation you deserve. This might include tricking you into accepting a low settlement or saying something that could jeopardize your case.
To protect your right to compensation, we handle all communication with insurers.
Negotiating with Insurers
Many injured claimants will accept the first settlement offer they get because they are desperate for the cash or do not know they are likely entitled to more. Our attorneys will determine the value of your claim and then negotiate with the insurer until it offers you a fair settlement.
Filing a Lawsuit If Necessary
If the insurer fails to offer you the settlement you deserve, we are not afraid to take your case to court to persuade the judge and jury that you deserve compensation.
You Have a Limited Time to File a Claim
Florida law gives you four years to file a claim for damages in a personal injury case. After this period expires, you will no longer be able to file a lawsuit to recover damages.
There are several reasons to begin the legal process sooner than that. It is typically to gather evidence shortly after your incident. Witnesses will remember the events more clearly if we contact them early on.
The litigation process can take a while to resolve itself. By getting started now, you can reach a faster resolution in your case.
Take the First Step — Schedule a Free Consultation with a Member of Our Team Today
Our car accident attorneys represent victims of drunk driving accidents on a contingency fee basis. You will not have to pay any upfront legal fees. We receive compensation for our services with a portion of any financial recovery you receive, whether from a settlement or a jury award.
We invite you to sit down with us during a free, no-obligation consultation. One of our attorneys can explain your legal options in a no-pressure environment, and you can decide whether you want to take the next step in your case.
Call 800-747-3733 to schedule your free case evaluation. You can tell us about your accident and how it has impacted your life, and we can help you sort out your options.