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Frequently Asked Questions
What should I do immediately after being injured in a DUI crash in Florida?
First, seek medical attention, even if your injuries seem minor. Report the accident to the police, making sure to mention any suspicion of DUI. Gather contact information from witnesses and take photos of the scene, if possible. Contact a personal injury attorney to guide you through the legal process and protect your rights.
Can I sue the drunk driver who caused the accident?
Yes, in Florida, you have the right to file a personal injury lawsuit against the drunk driver for damages, including medical expenses, lost wages, pain and suffering, and other losses. If the driver's actions were especially reckless, you may also be entitled to punitive damages.
Can I still recover compensation if the driver was not charged with DUI?
Yes. A criminal DUI conviction is not required for you to pursue a personal injury claim. Even if the driver is not charged or convicted, you can file a civil claim if you can prove the driver was impaired and their negligence caused your injuries.
What types of compensation can I recover as a DUI crash victim?
You may be entitled to recover compensation for medical bills, lost wages, property damage, pain and suffering, emotional distress, and future medical care. In some cases, punitive damages may also be awarded to punish the driver for their reckless behavior.
How long do I have to file a DUI injury claim in Florida?
In Florida, you generally have two years from the date of the crash to file a personal injury lawsuit. However, the sooner you take action, the better your chances of building a strong case and securing compensation.
What are punitive damages, and can I receive them in a DUI case?
Punitive damages are awarded in cases of extreme negligence or reckless behavior to punish the wrongdoer and deter similar conduct. In DUI cases, if the driver's behavior is proven to be especially egregious, you may be eligible for punitive damages in addition to compensation for your injuries.
Can a bar or restaurant be held responsible for overserving the drunk driver?
Yes. Under Florida’s Dram Shop Law, you may be able to hold a bar, restaurant, or other establishment liable if they served alcohol to someone who was "habitually addicted to alcohol" or knowingly served a minor, and that person caused the DUI accident. However, this can be challenging to prove, so it’s important to consult an experienced attorney.
What if the drunk driver has no insurance or insufficient coverage?
If the at-fault driver is uninsured or underinsured, you may be able to seek compensation through your own insurance policy’s uninsured/underinsured motorist (UM/UIM) coverage, if you have it. A personal injury attorney can help you explore all potential avenues for compensation in these situations.
