Have you or a loved one been a victim of drunk driving? If you have been involved in a car crash caused by someone driving under the influence of drugs or alcohol, you are considered the victim of a crime. You also have a civil case to deal with, and this is where we can help you.
What is Considered Driving Under the Influence
In Florida, driving under the influence means that the driver has a blood alcohol level (BAC) of 0.08 — regardless of whether they felt fine enough to drive or would look sober to other people. DUIs also include drivers who are under the influence of controlled substances.
What kind of Compensation can you Receive?
To determine what kind of compensation you can include in your claim, a court will look at the totality of the circumstances. This includes:
- Medical records
- Wrongful death
- Pain and suffering
- Emotional distress
- Damage to your motor vehicle
- Lost wages
- Future medical treatment
- Loss of consortium
- Loss of enjoyment of activities you are no longer able to do
- Punitive damages
What Kind of Evidence Will you Need in a DUI Case?
Once litigation begins, you can request information through a process called discovery. This includes requesting witness testimony, surveillance video, providing medical records, deposing the parties involved (this means taking their testimony under oath), calling the police officer who reported to the scene to testify, and anything else that may be relevant to prove your claim. Other relevant information includes the testimony of your loved ones and employer, and/or an expert who can determine whether any injuries or disability sustained from the accident will permanently impact your ability to work.
How Long Will a DUI Case Take?
There isn’t a specific answer to this question, because every case is different. Some cases get settled in months. Others can take years. There are many factors that come into play — injuries sustained, whether there was a fatality, emotional trauma, the availability of witness testimony, and others.
Do you Qualify for DUI Accident Compensation?
In Florida, driving under the influence is a crime. Florida Statutes Section 960.21 establishes the Crimes Compensation Trust Fund. It consists of money set aside by the Legislature to compensate victims of crimes. If the drunk driver has already been convicted of DUI, you are entitled to damages.
In order to receive the award, you must meet several requirements. If the accident happened before October 1, 2019, it must have been reported to the authorities within 72 hours of it happening. If it happened on or after October 1, 2019, it must have been reported within five days, unless a delay can be justified. Compensation is only available if you suffered physical injuries or someone in the accident died, and it’s limited to people who have an actual need for it to pay for expenses resulting from the accident. Do note that the award may be reduced or withdrawn if you refuse to cooperate with law enforcement and the prosecuting attorney.
Call Clark Law for DUI Accident Lawyer for a Free Consultation
Are you or a loved one in need of legal advice? If you have suffered from a DUI accident in the Tampa Bay area — including St. Petersburg, Clearwater, Tampa, and Bradenton — we can help you. Call us today for your free consultation. We will exhaust all avenues to ensure you receive justice.