What Am I Entitled to If I Get Hit by a Drunk Driver in Florida?

Being hit by a drunk driver is a traumatic experience, often leaving victims with serious injuries, emotional distress, and financial burdens. Drunk driving is one of the most reckless forms of negligence on the road, and in Florida, victims have the right to pursue compensation for their injuries and losses. Florida law provides specific legal avenues for holding drunk drivers accountable, including both criminal and civil actions. If you or a loved one has been injured by a drunk driver, you may be wondering: what am I entitled to?

Types of Compensation for Victims of Drunk Driving Accidents

If you have been injured in a car accident caused by a drunk driver in Florida, you may be entitled to several types of compensation, commonly referred to as damages. These damages can cover both economic and non-economic losses, and in some cases, punitive damages may also be available. 

Medical Expenses

Injuries sustained in a car accident with a drunk driver can range from minor to severe, including broken bones, traumatic brain injuries (TBI), spinal cord damage, and internal injuries. The medical costs associated with treating these injuries can be overwhelming, including emergency room visits, surgeries, hospital stays, physical therapy, and ongoing medical care.

Victims are entitled to recover the full cost of medical expenses, both past and future. This includes:

• Emergency medical treatment immediately following the accident.
• Hospitalization and surgical procedures.
• Physical therapy and rehabilitation for long-term recovery.
• Prescription medications and necessary medical equipment (e.g., crutches, wheelchairs).
• Future medical expenses related to the ongoing treatment of injuries.

In Florida, personal injury protection (PIP) insurance typically covers the initial medical expenses up to $10,000, regardless of fault, but this is often insufficient for serious injuries. Victims can seek additional compensation from the at-fault driver’s insurance through a personal injury lawsuit, and the an underinsured motorist claim to cover the full extent of medical costs and other losses.

Lost Wages and Loss of Earning Capacity

Injuries from a drunk driving accident can often prevent victims from returning to work for weeks or even months. In some cases, victims may suffer permanent disabilities that prevent them from resuming their previous employment. Florida law allows victims to recover compensation for:

• Lost wages during the time they are unable to work.
• Future lost earnings if the injuries result in a reduced ability to earn income (loss of earning capacity).
• Compensation for job retraining or modifications if the victim must pursue a new line of work due to their injuries.

It’s important to note that your compensation for lost wages isn’t limited to your base salary. You can also recover lost bonuses, commissions, overtime, and other forms of compensation that you would have earned had the accident not occurred.

Pain and Suffering

In addition to economic damages, victims of drunk driving accidents are also entitled to compensation for non-economic damages, including:

• Pain and suffering: This compensates for the physical pain and discomfort experienced as a result of the injuries.
• Emotional distress: Victims often suffer from anxiety, depression, or post-traumatic stress disorder (PTSD) following a traumatic accident.
• Loss of enjoyment of life: Injuries from a drunk driving accident may prevent victims from participating in activities they once enjoyed, such as hobbies, exercise, or spending time with family.
• Loss of consortium: This compensates spouses or family members for the loss of companionship and support due to the victim’s injuries.

Unlike medical expenses and lost wages, pain and suffering damages are more subjective and depend on factors such as the severity of the injury, the duration of recovery, and the long-term impact on the victim’s quality of life. An experienced personal injury attorney can help calculate an appropriate amount for these damages and present a compelling case to the court or insurance company.

Property Damage

Victims of drunk driving accidents are also entitled to compensation for damage to their vehicle and any other personal property damaged in the accident. This includes:

• Vehicle repair or replacement costs.
• Rental car expenses while the victim’s vehicle is being repaired or replaced.
• Compensation for personal items damaged in the crash, such as phones, laptops, or other belongings.

Most insurance policies in Florida include property damage liability coverage, which can cover these expenses. However, if the drunk driver’s insurance limits are insufficient, the victim may need to pursue compensation through their own uninsured/underinsured motorist (UM/UIM) coverage or file a lawsuit.

Punitive Damages

In some cases, Florida law allows victims of drunk driving accidents to seek punitive damages. Unlike compensatory damages, which are meant to reimburse the victim for their losses, punitive damages are designed to punish the defendant for particularly reckless or egregious behavior and to deter similar conduct in the future.

Under Florida Statute 768.72, punitive damages may be awarded in cases where the defendant’s actions demonstrate gross negligence or a willful disregard for the safety of others. Drunk driving, especially when it leads to serious injury or death, meets meet this standard. An experienced attorney can help determine whether punitive damages may be appropriate in your case.

Filing a Personal Injury Claim After a Drunk Driving Accident in Florida

The process for filing a claim after a drunk driving accident in Florida typically involves several steps:

1. Seek Medical Attention

Your health and safety should be the top priority after an accident. Even if your injuries seem minor at first, it’s important to seek medical attention immediately. Prompt medical care not only ensures that you receive the treatment you need but also provides documentation of your injuries, which will be critical when filing a claim.

2. Report the Accident

In Florida, it’s required to report car accidents that result in injury, death, or significant property damage to law enforcement. The police report will serve as an important piece of evidence in your case, documenting the details of the accident and the fact that the other driver was intoxicated.

3. Gather Evidence

Collecting evidence is crucial for building a strong case. This may include:

• Photos of the accident scene, vehicle damage, and visible injuries.
• Medical records and bills documenting your injuries and treatment.
• Witness statements from anyone who saw the accident or the drunk driver’s behavior.
• The police report, which will indicate that the at-fault driver was under the influence.

4. Contact an Experienced Car Accident Lawyer

Navigating the legal process after a drunk driving accident can be complicated, especially if you are dealing with injuries. A skilled personal injury lawyer can help you understand your rights, negotiate with insurance companies, and pursue a lawsuit if necessary. Your attorney will gather evidence, calculate your damages, and represent your interests in settlement negotiations or in court.

Can I still recover compensation if I was partially at fault for a drunk driving accident in Florida?

Florida follows a modified comparative negligence rule, which means that your compensation may be reduced if you are found partially at fault for the accident. For example, if you were speeding at the time of the crash, a jury may find you 10% at fault for the accident. In this case, your total compensation would be reduced by 10%.

Even if you are partially responsible for the accident, you are still entitled to recover compensation from the drunk driver. However, it’s important to work with an experienced attorney who can help minimize any claims of comparative negligence and maximize your compensation.

However, as of March 2023, if you are determined to be more than 50% negligent and responsible for causing your own injuries, then you are completely barred from recovery.

Florida’s Dram Shop Laws: Can I Sue the Club, Bar, or Restaurant?

In some cases, it may be possible to hold a third party, such as a bar or restaurant, liable for your injuries under Florida’s dram shop law. According to Florida Statutes Section 768.125, a business may be held responsible for serving alcohol to a person who was underage or “habitually addicted” to alcohol if that person later causes a drunk driving accident. While these claims can be difficult to prove, they may provide an additional source of compensation in certain cases.

How long do I have to file a claim after a drunk driving accident in Miami?

In Florida, the statute of limitations for filing a personal injury lawsuit after a car accident is two years from the date of the accident. If the accident resulted in a wrongful death, the statute of limitations is two years from the date of the death. It’s important to act quickly to preserve evidence and build a strong case. Consulting with a car accident attorney as soon as possible is recommended.

Will the drunk driver face criminal charges?

Yes, if the driver was intoxicated at the time of the accident, they will likely face criminal charges for DUI (Driving Under the Influence) under Florida law. These charges are separate from your civil personal injury claim. While the criminal case is focused on penalizing the driver for breaking the law, your civil claim is focused on securing compensation for your injuries and damages. Both actions can proceed simultaneously.

Filing a Wrongful Death Claim After a Drunk Driving Accident

Losing a loved one in a drunk driving accident is a devastating and life-changing event. In Florida, families who have lost a loved one due to the reckless actions of a drunk driver have the right to file a wrongful death claim. This legal action allows surviving family members to seek compensation for both the financial and emotional losses caused by the death of their loved one.

Who Can File a Wrongful Death Claim in Florida?

In Florida, a wrongful death claim must be filed by the personal representative of the deceased’s estate on behalf of the surviving family members. Eligible family members who may receive compensation include:

• Spouses
• Children
• Parents
• Other family members who were financially dependent on the deceased

Filing a wrongful death claim after a drunk driving accident can be emotionally overwhelming, especially while grieving the loss of a loved one. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, our compassionate and experienced wrongful death lawyers will handle every aspect of your case, from investigating the accident to negotiating with insurance companies and fighting for your family’s rights in court if necessary.

If you’ve lost a loved one due to a drunk driver, contact us at 305-638-4143 for a free consultation.

Free Consultation With a Miami Car Accident Attorney

Being hit by a drunk driver can turn your life upside down, but you don’t have to go through it alone. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, our Miami personal injury lawyers are dedicated to helping victims of drunk driving accidents recover the compensation they deserve. From medical bills to lost wages, pain and suffering, and even punitive damages, we’ll fight to ensure that you are fully compensated for your injuries.

If you’ve been injured by a drunk driver in Florida, don’t wait. Contact us today at 305-638-4143 for a free consultation, and let us help you pursue justice and recover the compensation you are entitled to.