If someone hits you while under the influence, the driver may face consequences by the criminal justice system. While this may be comforting on an ethical level, it will not help you deal with the financial consequences of your accident.
After a collision, you may be suffering from serious injuries and losses. A personal injury law firm can help you obtain monetary compensation to assist you with medical care, pain and suffering.
We can investigate your accident, develop your case, and fight for your rights. While fault may seem clear in drunk driving accidents, especially when a DUI conviction is involved, insurance companies may still try to decrease your compensation.
Schlesinger Law Offices, P.A. is a personal injury firm that focuses exclusively on helping those injured in preventable accidents in Fort Lauderdale and all of South Florida. We have more than 60 years of combined experience handling car accident claims. We don’t settle for less, and neither should you.
Learn more about how we can help with your case during a free initial evaluation. Give our award winning attorneys a call at (954) 467-8800, or contact us online to schedule a time to speak with a member of our team.
How a Settlement Can Help You Recover
If you win your DUI lawsuit, you will be awarded damages. Because driving under the influence is such an egregious wrongdoing, you may gain both punitive and compensatory awards. Punitive damages are designed to punish the impaired driver and create an example that discourages similar behavior in the future.
Compensatory damages can help you recover from your losses, including:
- Property damage (the loss of your vehicle)
- Medical expenses (including emergency treatment and transportation)
- Rehabilitative care
- Lost wages
- Diminished earning potential
- Pain and suffering
- Changes to your quality of life
- Funeral costs and other losses associated with a wrongful death lawsuit
While no amount of money can change what happened, it can make your next steps easier as you move forward. Take the first step forward today by scheduling a free consultation with our firm.
Who Pays Damages in a Drunk Driving Accident Case?
When you have been hurt by a drunk driver, you have various avenues to pursue civil recourse and compensation.
- The At-Fault Party's Insurance - After your accident, you should make a claim with both your insurance company and the insurer of the driver who hit you. Speak with an attorney before accepting any offer from the insurance company.
- Your Own Insurance Policy - The at-fault driver’s insurance company should cover the full extent of your injuries, but if the driver was uninsured or underinsured, the insurance company may be reluctant or unable to do so. In this case, you may be able to recover additional compensation from your own insurance company, especially if you carry coverage for uninsured or underinsured drivers.
- Negligent Bar or Establishment - If you were harmed by a driver who was under the influence, or someone who is “habitually addicted” to alcohol, you may also be able to file a claim against the establishment who served the driver, per Florida’s “dram shop law.” While this law establishes limited liability, it strictly prohibits bartenders from serving minors or those with alcohol dependency.
- The Drunk Driver - You can also file suit against the at-fault driver. Keep in mind that some individuals may not have the assets required to fully compensate you, especially while facing criminal punishment and civil liability. For this reason, pursuing an insurance claim will likely be your best course of action.
Our attorneys can negotiate with insurers to help you get just compensation – and we aren’t afraid to go to trial if the insurer fails to offer an adequate amount.
I can't thank the team of lawyers from Schlesinger Law Firm for their high quality of professionalism and persistence in pursuing my lawsuit. They always made me feel part of their family.