After a DUI crash in Florida, taking the right steps can protect your rights and help you pursue compensation. For over 30 years, Frank Eidson’s firm has guided numerous clients through injury claims against drunk drivers in Florida, supporting their physical and financial recovery.
What Immediate Steps Should I Take After a DUI Accident?
Call 911, then get immediate medical care even if your injuries seem minor, and obtain a police report. Take photos, gather witness contact information, and keep records of all expenses you incur. Thorough documentation from day one builds the strongest foundation for your injury claim.
- Seek Medical Attention. Having a personal injury from a DUI case, like a concussion or whiplash, can worsen over time, and even mild symptoms like headaches, dizziness, or soreness can mask more serious injuries. Getting prompt medical attention protects your health and ensures there’s objective evidence of your injuries, a necessity for insurers and the courts.
- Report the Accident. Officers are trained to spot intoxication, conduct sobriety tests, and collect essential scene evidence. Their report becomes critical should the drunk driver dispute fault or attempt to minimize their responsibility.
- Gather Evidence. Photos of skid marks, vehicle placement, damage, and your injuries all help establish what happened. Witnesses can confirm erratic driving or intoxication signs. Document every medical visit, test result, and expense, as this builds a “paper trail” that’s vital to your injury claim against the drunk driver.
Getting a free case review with our personal injury attorney as quickly as possible means we can maximize your case value and put you on the path toward a full recovery, while we do the heavy lifting for your claim.
What Are My Rights & How Does the Legal Process Work in FL?
Florida law protects DUI accident victims’ robust rights. If you’re injured by a drunk driver, you may seek compensation for medical costs, lost income, pain, emotional distress, and (for egregious cases) punitive damages designed to punish and deter future reckless behavior.
What’s the Difference Between Civil vs. Criminal Cases?
After a DUI accident in Florida, victims are often confused about what happens next and whether criminal charges automatically mean financial compensation. In reality, there are two separate legal tracks that may happen at the same time:
- Criminal Charges. These are brought by the State of Florida to hold the drunk driver accountable for breaking the law. The goal is to punish and deter unsafe behavior with fines, jail time, or license suspension.
- Civil Personal Injury Claim Against the Drunk Driver. This is a separate legal process that you or your family initiates. It’s focused on securing DUI accident compensation for your own injuries, lost wages, pain and suffering, and other losses. You can pursue a civil case regardless of what happens on the criminal side—even if the drunk driver isn’t convicted, and you can succeed as the standard of proof is lower.
Why is a DUI Case Different? Unlike ordinary accidents, drunk driving cases are handled more severely in civil court, as driving under the influence constitutes gross negligence under Florida law. This higher standard increases the likelihood of recovering punitive damages and makes it easier to show the drunk driver’s liability.
How Does Florida Auto Insurance Work After a DUI Accident Claim?
Your Personal Injury Protection (PIP) covers up to $10,000 of your medical and lost wage costs, regardless of who was at fault. If your injuries are considered permanent, life-altering, or disabling, you can file an injury claim against the drunk driver in FL for compensation that goes beyond your PIP limits.
What Is Florida’s “Serious Injury Threshold”?
To bypass Florida’s no-fault insurance (PIP) and pursue suing a drunk driver in Fl, your injury must meet the “serious injury” threshold:
- Significant or permanent loss of a bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant or permanent scarring or disfigurement
- Death
Examples: broken bones requiring surgery, brain or spinal injuries, chronic pain requiring long-term treatment, and permanent scarring.
What Types of DUI Accident Compensation Can You Recover?
DUI accident compensation in Florida may include:
- Economic Damages. All medical bills (ER, hospital, surgeries, therapy), property damage, lost wages, and loss of future earning capacity if your injuries affect your ability to work.
- Non-Economic Damages. Pain, suffering, emotional trauma, anxiety, PTSD, loss of enjoyment of life, and impacts on your family relationships.
- Punitive Damages. Awarded in egregious DUI cases to punish the drunk driver, they can increase total compensation well beyond actual financial loss.
How to File Your Injury Claim Against a Drunk Driver in Florida?
- Consult a Knowledgeable Attorney Promptly. Insurance companies often rush victims with lowball offers and request statements that may undermine their claim. An experienced local attorney not only levels the playing field but also puts you in control. Never provide recorded statements to insurance companies or sign anything without legal advice.
- Build Your Case. Your attorney gathers police reports, blood alcohol test results, eyewitness accounts, accident reconstruction (particularly when fault is disputed), and medical records to prove both the drunk driver’s fault and the full extent of your losses.
- Meet Critical Deadlines. You have two years from the date of the accident to bring a personal injury claim against a drunk driver in Florida.
FAQ
1. Do I have to go to court? Most claims settle out of court after negotiations. However, if the insurance company refuses fair compensation, your lawyer will advocate for you in court.
2. What if the drunk driver is uninsured? You can still pursue compensation through your own uninsured/underinsured motorist policy to fill the gap and by suing the at-fault driver directly.
Why Trust Frank Eidson With Your DUI Injury Case?
When you’re facing complex Florida laws and insurance companies trying to devalue your pain, you need an advocate who has successfully handled countless injury claims against drunk drivers in Florida. Contact Frank Eidson’s office for a free case review and let our three decades of proven experience restore your dignity, security, and hope. Helping Central Florida families since 1989; give us a call at: 407-245-2887.