The death of a DUI driver can affect an accident case. However, if you can prove they and/or another negligent party caused the crash, you may still pursue an insurance claim or lawsuit. A Fort Lauderdale car accident attorney can locate and present the necessary evidence and help you fight for fair compensation for the damages you and your family have endured.
Recouping Damages in a Fatal DUI Crash Case
If you were hurt in a DUI driver accident, you may still be entitled to collect compensation even if the at-fault driver is deceased. When determining a fair financial award for you, your healthcare costs will be among the most important damages we consider. Maybe you require long-term physical therapy, surgery, medication, or diagnostic assessments. Regardless, these costs can add up fast.
After your Fort Lauderdale personal injury lawyer has determined how the crash has affected your life economically, they will account for the non-economic ways you’ve suffered. Your non-financial damages may play a large role in your final compensation due to the emotional burden of a serious car crash.
Once they have evaluated your situation, your attorney may determine you qualify to recover the following losses:
- Lost income
- Future loss of earning capacity
- Medical care costs
- Vehicle repair expenses
- Mental anguish
- Pain and suffering
- Disfigurement and scarring
- Loss of enjoyment of life
A Fort Lauderdale wrongful death lawyer can pursue compensation on your family’s behalf if your loved one didn’t survive their injuries related to a drunk driving accident. Surviving beneficiaries may recover damages for the decedent’s loss of companionship, support, services, and guidance, as well as the costs of their funeral arrangements and final medical expenses.
Determining DUI Driver Death Liability
In general, all drivers owe others on the road a duty of care to protect them from harm, and anyone who drives while intoxicated breaches that duty. To get compensation for your losses, you must prove the drunk driver caused an accident, which led you to experience damages.
Florida also enforces dram shop laws under Florida Statutes § 768.125. Anyone who willfully serves alcohol to someone who is underage or visibly intoxicated may be liable for any resulting injury. If this was the case for the DUI driver in your accident, your personal injury attorney can fight to hold the liable party accountable.
They can also pursue multiple parties if they bear liability in your case. The evidence that can help your lawyer prove negligence may include:
- Video surveillance footage
- Witness testimony
- The crash report
- A toxicology report or blood alcohol concentration test results
- The damaged cars
- Pictures of the accident scene
- Relevant medical records and bills
This is not an exhaustive list of the necessary documentation that may be required to prove negligence in your case. If you have any other evidence that may bolster your personal injury claim, tell your lawyer. Even the slightest shred of evidence could play a major role in your case’s result.
The Role of Comparative Fault in a Fatal DUI Case
Unfortunately, the intoxicated driver’s insurance company or legal representative may try to pin at least some of the blame on you in an attempt to forgo covering all your losses. According to Florida Statutes § 768.81, if someone is more than 50% responsible for an accident, they cannot recover any damages.
If your portion of responsibility is below 50%, your compensation will be reduced by your percentage of fault. For example, if the insurance company asserts that you are 30% at fault, they’ll only give you 70% of your damages. Your DUI car accident attorney will work to ensure the insurance company appropriately compensates you for what you’ve suffered.
The Risk of Waiting to Start Building Your DUI Driver Case
Florida enforces a strict statute of limitations on personal injury lawsuits. If you don’t comply, the court could bar you from taking legal action.
Generally speaking, according to Florida Statutes § 95.11, you must file suit within two years. If you tell our personal injury law firm about your fatal DUI crash case early, you can count on us to bring your lawsuit against the liable party before the deadline expires.
Get Help With Your Fatal DUI Crash Case Today
Securing compensation after the death of the DUI driver can get complicated quickly, but it doesn’t have to be that way with the Law Offices of Wolf & Pravato on your side. Our legal team will devote the time to ensure you understand your situation and legal options. Many of our clients have noted that they respect our honesty.
Contact us today at (954) 633-8270 for a no-cost, no-obligation case review. We don’t require any upfront fees and only get paid if we settle or win your case.
