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"DUI Crash Injury Victim's Rights Lawyer"
Florida has two separate systems of justice related to DUI crashes: the criminal justice system and the civil justice system. These are separate and distinct but in some ways interrelated. Having your lawyer understanding how that works is very important. Mr. Asencio is the type of lawyers understands how that works.
A DUI conviction in the criminal case is important and beneficial. However, a DUI conviction is only admissible if it is based upon a guilty plea. On the other hand, if the DUI driver pleads no contest, that plea is not admissible in civil court. Another way that the criminal case can work to your advantage in the civil case is through criminal restitution. Restitution is money which the criminal court awards you against the DUI driver as part of the criminal prosecution for DUI.
You must stay in touch with the State Attorney prosecuting the DUI driver and provide evidence of any losses sustained as a direct result of the DUI crash in order to get any restitution. Once restitution is ordered in your favor in the criminal case, the DUI driver cannot deny the essential allegations of that DUI offense in any subsequent civil proceeding provided he is adjudicated guilty.
Even if the DUI driver is not charged or is not convicted of DUI, you can still bring a civil lawsuit for compensatory and punitive damages if you have some proof of the DUI driving. The burden of proof is less in civil court than in criminal court. Also the DUI driver will not have the right to refuse to testify. Cases against DUI drivers have been successfully brought in civil court even when the DUI driver left the scene of the crash and there was no arrest, no blood alcohol and no DUI conviction. But it is very important to have a skilled lawyer review your case.
If the DUI driver has bodily injury liability insurance coverage (BI), this will cover the DUI crash and your claim for compensatory damages. However, it will not cover punitive damages. Such a policy may also be subject to policy limits (the maximum amount of BI coverage available). Sometimes more than one policy of bodily injury liability insurance can apply. This is why it is very important to always consult with an attorney before accepting any settlement from a bodily injury insurer on a DUI crash case. Insurance companies look out for their best interest, NOT YOURS! Any settlement an insurance company may offer, may not be in your best interests. You need to know the full value of both the compensatory damages and the punitive damages. These depend on the circumstances of each case, the type of insurance available and the assets of each of the person or companies who might be liable.
Immediate family members can also seek justice when carelessness results in wrongful death of a loved one. The wrongful death does not have to be the result of a crime. Such damages can include loss of support and services as well as the mental pain and anguish of losing the loved one. However, the time limits to pursue such claims are short (most wrongful death claims must be brought in 2 year or less depending on the circumstances).
Mr. Asencio is a board certified civil trial lawyer who ONLY represents the victims of auto accidents and DUI crashes, and has NEVER represented DUI drivers for any reason. He has represented clients in all state and federal courts in Florida for more than 29 years in personal injury and wrongful death cases.
If you or a loved one requires professional legal services as an Auto Accident, DUI Crash, or Auto Related Wrongful Death Victim, be proactive in protecting your legal rights by seeking the legal advice of experienced legal counsel.
"Protecting DUI Crash Injury Victim's Rights for over 29 Years."
Learn more about Auto Accident Injury Cases, Your Legal Rights, and Liability.
DUI VICTIM'S RIGHTS
Learn more about DUI Crash Victim Injury Cases, Your Legal Rights, and Liability.
Learn more about Vehicle Crash Related Wrongful Death Liability.
Learn more about Auto Accident Injury Compensation and Damages.