What damages can I claim after a drunk driving accident?

Being injured in a drunk driving accident can be life changing. You need to hire a professional personal injury attorney. Only he can educate you on the legal process and eventually help you win the case with the best possible compensation.

Under Florida law, you are the victim of a drunk driving accident if the accident causes you a loss in any way that requires compensation. Under the Florida Statute for DUI Crash Victims, certain “allowances” are provided for victims. However, the victim or her attorney is often required to pursue these subsidies to which she is subject!

You should be aware of the many ways a victim can profit. The Florida Office of Victims Compensation has established a set of Qualification Requirements to receive funds under its Crime Compensation Law. Here are the requirements:

  • Reporting the crime to the police must be made within 72 hours.

  • It is necessary that the victim has suffered some type of personal physical harm. There is an automatic reduction in funds for those who have just suffered psychiatric or psychological injuries due to the accident.

  • The request must be filed within one year of the date of the offense. In case valid cause is shown, the time period could be extended

  • to 2 years.

  • The victim must fully cooperate with the police, the State Attorney’s Office and the Attorney General’s Office.

  • The victim must not have been involved in any type of illegal activity at the time of the accident.

  • The victim should not be responsible for the accident in any way.

  • The victim must not have a felony conviction record.

What are the benefits available to the victim?

You must meet all of the above criteria to be proven to be the victim. Only then, according to the Office, are you entitled to the following benefits:

  • loss of wages

  • Loss of support, such as the death of a close relative, etc.

  • Disability in any way

  • Expenses related to the funeral

  • Expenses corresponding to medical treatments

  • mental health counseling

  • Compensation for any type of property loss

However, the truth is that you and your attorney must actively seek compensation in order to take advantage of all the benefits available under Florida Law. This specific statute helps you save a good portion of your medical costs.

An injury caused by a drunk driving accident could cause you to lose time from work and, subsequently, the loss of high wages. He may have to struggle to pay the bills. When your general bills add up to your medical expenses, you may lose sleep at night. Therefore, it is more than essential that you claim lost wages in a drunk driving accident. This includes future wages. If the injuries you sustained leave you disabled or unable to function properly to provide production for the business, you must also count your future wages toward compensation.

You are also entitled to claim damages for the pain and suffering caused by said accident. This involves the physical or mental anguish caused by someone’s death. You must prove the nature and severity of your injury, as well as the prognosis issued by the doctor in order to claim such damages.

Of all the damages claimed, those related to medical expenses are the most common. This is because, in most cases, medical expenses can add up at a staggering rate to a lump sum. The situation could be the same even if you have health and car insurance. You can apply for reimbursement for ambulance rides, consultations, medical equipment, physical therapy, home health care, and all other expenses.

What to do right after a drunk driving accident occurs?

  • Dial 911

When you find out that you are the victim of the accident, call 911. Make sure you get treatment for your injuries right away, if possible. Police officers soon examine the other driver for the accident.

  • Gather contact information

Collect important contact information. Include the other driver’s name, contact number, address, and insurance-related details. Also, gather relevant information from witnesses at the scene. Gather your basic contact information as well, as it might come in handy later.

  • Gather all possible evidence

Click on pictures of the scene of the accident, the vehicles or vehicles that were involved, and the injuries you sustained. If there is other evidence, such as torn clothing, fallen debris, etc., make sure you have that handy as well.

  • Hire a drunk driving accident attorney

Only the qualified drunk driving attorney has complete knowledge of the law. At first, the case may seem simple, but things can get tense as the case progresses. Therefore, be safe and get a suitable lawyer with specialization in this field.

Who is usually responsible for drunk driving accidents?

If the person who apparently caused the accident is found to have a BAC above the legal limit, you can file a lawsuit against them. You can also file a lawsuit against a restaurant or bar if it is responsible for providing alcohol to the person accused of the accident.

  • The accused person must be under 21 years of age.

  • The defendant must be someone who is “habitually addicted” to alcohol.

It is quite difficult to shift the blame or part of the blame to third parties who might actually be responsible for drunk driving accidents.

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