In Florida, drunk driving accidents can be a serious problem. They often result in severe injuries, financial hardships and emotional distress. Anyone affected by a drunk driving accident in Florida should understand the legal system and factors that affect compensation.
Average settlements for drunk driving accidents in Florida
In Florida, the average settlement amount for a drunken driving accident can range between $80,000 and $125,000 depending on severity of injuries, insurance coverage available, and other damages. Each case is different, so the amount can vary. Florida’s insurance and legal requirements also play an important role in determining the settlement payouts.
Understanding Florida Insurance Laws
Florida has a no-fault system of insurance, which means that every driver is required to have Personal Injury Protection (PIP), to cover medical costs and lost wages regardless of the cause of the accident. Florida’s mandatory insurance requirements include:
- The PIP provides coverage of $10,000 for medical costs and lost wages.
- Property Damage Liability (PDL), $10,000, for damage to property of another person.
Florida, unlike many other states does not require drivers carry Bodily Injury Liability Insurance (BIL) unless they are convicted of DUI or have a history of violations. If the driver at fault does not have adequate insurance, it may be difficult to recover compensation.
Uninsured or Underinsured Driver Coverage in Florida
If you are involved in a drunk driving accident and the at-fault driver lacks sufficient insurance, you may need to rely on your own Uninsured/Underinsured Motorist (UM/UIM) coverage. This type of insurance in Florida is optional, but it is very valuable in helping you get the compensation you deserve if the driver at fault is uninsured or underinsured.
Factors that affect drunk driving settlements
In Florida, there are several factors that influence the amount of settlements for drunk driving accidents. Understanding these factors will help victims to set realistic expectations.
1. The severity of injuries
In determining the settlement amount, factors such as the type of injury and its severity in an accident caused by drunk driving are important. As an example:
- Traumatic Brain Injuries: These injuries have a long-term effect on the quality of life and cognitive function.
- Fractures and spinal injuries: These injuries require extensive medical treatment, rehabilitation, and settlement value.
The higher the compensation the more serious the injury is, because it reflects its impact on the victim.
2. Medical Expenses
After a drunken driving accident, medical bills can add up quickly. Compensation usually covers:
- Visits to the emergency room
- Hospitalization and surgery
- Rehabilitation and physical therapy
- Prescription drugs
Keep detailed records of your medical expenses to maximize your settlement.
3. Lost Wages
You can get compensation for your lost wages if you are unable to work due to an injury. You can claim compensation for:
- Immediate income lost during recovery.
- Future earnings lost if you are disabled or have a reduced earning capacity.
4. Emotional Impact
In addition to economic damages, emotional distress is also an important component in settlements for drunk driving accidents. Victims can experience:
- Anxiety and depression
- Post-Traumatic stress disorder (PTSD)
- Loss of enjoyment in life.
They are more difficult to quantify, but they are equally important in determining an equitable settlement as physical injuries.
Florida DUI Punitive Damages
In Florida, victims who are injured in drunk driving accidents can also receive punitive damages. They are awarded when the actions of the driver at fault were especially reckless or egregious. For example, driving under the influence. Punitive damages are a way to punish and deter future similar behaviors.
Florida law limits punitive damages to three times compensatory damages, or $500,000. There are exceptions in the case of intentional harm.
Florida’s Comparative Negligence Rules
Florida has a strict comparative negligence law, which allows victims to receive damages even if the accident was partially their fault. The compensation is reduced according to the victim’s fault percentage. As an example:
- Your settlement will be reduced 20% if you are found to be 20% at fault.
- You can recover 1% even if you’re 99% at fault.
This rule allows victims to seek compensation in cases of shared responsibility, even when the case is complex.
What to do after a Florida drunk driving accident
You can protect both your health and your legal rights if you have been in an accident caused by a drunk driver.
- Document the Scene
- Take pictures of the accident site, vehicle damage and visible injuries.
- Gather witness contact details and statements.
- Seek Medical Attention
- Consult a doctor even if you are feeling fine to determine if there are any hidden injuries. The medical evaluation will also serve as a record of your claim.
- Fill out a police report:
- It is important to report the accident, especially if the driver was drunk. The police report will help establish your liability and can be used as evidence to support your claim.
- Contact an attorney:
- A Florida personal injury lawyer can be a great asset in helping you secure a fair settlement. Your attorney will help you navigate the legal system, negotiate with insurers, and fight for maximum compensation.
Maximizing your DUI settlement with legal assistance
You don’t need to go through the recovery process alone. You can seek a settlement with the help of an experienced attorney that will reflect the full extent your damages including medical expenses, lost wages and emotional distress.
Florida’s insurance laws are complicated, and companies will often try to reduce payouts. A lawyer who is knowledgeable can help protect your rights and ensure that all damages are taken into account. They can also help you get the compensation you deserve.
Florida drunk driving accidents may have devastating effects, but victims can seek justice and compensation. Understanding the factors that affect settlements, and working with a knowledgeable attorney can help you protect your rights and receive fair compensation.
This article was written by a Bonardi & Uzdavinis professional. Bonardi & Uzdavinis LLP, a boutique full-service law firm, provides its clients with a variety of legal representation. We practice in the areas of real estate, probate and personal injury. Contact us for a free case evaluation if you need a real estate lawyer or injury lawyer in tampa, FL.