Drunk driving accidents often introduce stressful legal concerns for the victims. If you or a loved one was hurt in a DUI crash, you might be eligible for compensation for your medical bills and other related damages. An attorney can help determine if you have a valid personal injury claim.
A Tampa drunk driving accident lawyer from Anidjar & Levine can pursue compensation after you get hurt. We will manage all communications, negotiations, and evidence-gathering on your behalf. Our legal team will advise you on the best course of action for pursuing a successful outcome.
How Much Does It Cost To Work With Our Firm?
If we determine that you have a case, we’ll discuss our payment terms in more detail. In short, we take payment for our help from your settlement. We’ll discuss this at the beginning of our partnership. From there, we finance the following:
- Consulting
- Filing fees
- Paperwork
- Courtroom fees
Our legal team works on a contingency fee basis. This means that we are confident in our ability to “win” your case, so you don’t pay attorney’s fees unless you receive compensation. You don’t have to manage your case alone; our team can handle it.
You Typically Have Four Years to File a Civil Lawsuit
Your accident claim against the drunk driver is separate from the state’s case against them. If the negligent motorist is charged and convicted of a crime, this will not award you compensation, nor will it extend your case’s civil statute of limitations.
You generally have two years to file a wrongful death lawsuit and four years to file an injury lawsuit, per Florida Statute § 95.11. However, exceptions could apply. Consult our lawyers to discover the deadline for your case.
Exceptions to the Florida Statute of Limitations
Certain circumstances may result in exceptions to the standard deadline and allow an individual more time to pursue legal action. However, in other situations, the plaintiff may have a reduced period to take legal action.
While it may seem like you have plenty of time to seek compensation, acting as soon as possible is crucial. Failing to file a case within the statute of limitations, you waive your right to pursue a legal claim. If the filing period has passed, typically, no court will take a lawsuit from you.
- Federal or government agencies: The statute is reduced to three years if your claim involves public entities.
- Discovery rule: If you become aware of accident-related injuries or damage later, you may receive an extension.
- Catastrophic injuries: Victims suffering from debilitating injuries preventing them from filing a claim or lawsuit may receive an extension of up to seven years.
- Minors: Underage victims may receive limited extensions for filing a personal injury claim against the at-fault driver.
- Mentally incompetent persons: If an accident victim is deemed mentally incompetent, the state may grant them an extended statute.
We Can Seek Recovery Following Your Collision in Tampa
Depending on the accident’s severity and other factors, you may be owed various forms of financial compensation. We can help determine what economic and non-economic damages you may claim and if your case qualifies for punitive damages.
Our firm’s personal injury lawyer is here to advocate for your legal position after an accident. In addition, they will negotiate a settlement that fairly compensates you for your losses.
Economic Damages
Economic damages encompass the financial losses suffered by an individual due to the wrongful acts of another. Your lawyer will rely on evidence, including medical bills and financial records, to prove these.
- Property damage: If the drunk driver is responsible for damaging your vehicle or other property, you may recover the repair or replacement cost.
- Past and future medical expenses: If you were injured in a DUI collision, a lawyer could help cover your medical bills, including hospitalization, prescription medication, and physical therapy.
- Lost wages: Expenses incurred because of lost work time for medical visits, treatments, and other related activities associated with the injury that prevents you from working.
- Reduced future earning capacity: A person’s earning capacity can be significantly reduced after an accident. This means their ability to generate income at the same level as before the crash may be greatly diminished.
- The economic value of domestic services: If you can no longer perform the chores you used to do before the accident, you may receive financial help to cover the cost of domestic services.
It is important for individuals who have experienced economic damages from another’s wrongful acts to seek legal advice to pursue compensation for any losses incurred.
Non-Economic Damages
Non-economic damages are a form of legal compensation for harm and injury. These damages do not have a specific monetary value; they represent compensation for intangible harms incurred due to a third party’s wrongdoing.
These damages can be notoriously difficult to quantify as they are subjective. Generally speaking, the key factor considered when assessing non-economic damages is the amount of harm suffered by the plaintiff.
- Pain and suffering: This refers to the physical pain and emotional suffering experienced by the survivor.
- Mental anguish: Emotional distress is a state of deep suffering caused by either physical or psychological trauma. It can often accompany physical symptoms such as headaches, nausea, and dizziness.
- Loss of enjoyment of life: Due to the injuries, victims may no longer enjoy the experiences and activities they were accustomed to before they were injured.
- Loss of companionship: You may qualify for compensation if your relationships were negatively impacted by the DUI accident. Loss of companionship refers to the ability to parent, show love and affection or have a sexual relationship.
In most states, there are legal limits on how much one can be awarded for non-economic losses. However, Florida imposes no caps on compensatory damages. A personal injury attorney can help document your experience and seek maximum compensation.
Punitive Damages
Punitive damages are designed to punish the wrongdoer in intentional misconduct cases. These also act as deterrence to discourage parties from committing future wrongful acts.
These damages allow drunk driving accident victims an avenue for seeking justice when they have suffered pain or harm resulting from another person’s reckless actions. However, punitive damages are awarded in a few cases only when the defendant shows extremely reckless behavior or engages in malicious actions.
How Could a Drunk Driving Accident Lawyer From Our Firm Help You?
Consider how we can help you seek compensation for your injury-related losses:
We Can Identify the Liable Parties
After a drunk driving accident, law enforcement officers and legal teams strive to establish a liable party. While some accidents make liability clear, in other instances, overlapping factors make it harder to prove a driver was operating a vehicle under the influence of alcohol.
When you have our legal team working for you, we will account for several factors in our investigation. We will look at common forms of evidence, such as:
- Cell phone records
- The intoxicated driver’s blood alcohol content (BAC) at the time of the incident
- Video footage
- Witness reports
- Testimony from field experts, like accident reconstruction specialists
- The points of impact on your vehicle
Our team will keep you updated on any major finds in our investigation. We understand that transparency is a key part of providing quality services. From critical discoveries to exciting updates, you can count on us to provide comprehensive and timely information every step of the way.
We Will Handle All Communications With the Insurance Companies
Other drivers and insurance companies will get involved in drunk driving accidents. Therefore, an insurance agent may contact you to gather more information and determine your role in the accident.
Many times, these conversations lead to tricky negotiations. Insurance representatives have experience speaking with a Tampa car accident lawyer, so they may attempt to devalue your case. Even if they do not blame the accident on you, they may deny your insurance claim or offer an unfair settlement.
With one of our lawyers working on your behalf, you won’t have to deal with the claims adjuster. Instead, our lawyer will take care of these conversations on your behalf.
We will also represent you in any necessary conversations with other drivers, law enforcement officials, medical professionals, and anyone connected to your case.
We Can Calculate Your Case’s Value
We will examine this information when determining the value of your case:
- The medical treatment you require
- Your property damage receipts
- The value of your car before it was damaged
- Your recovery period
- Your missed time from work
- Your ability to care for your children and spend time with your spouse
We encourage you to keep all documentation regarding your damages, as we can use this information to calculate your losses.
How Common Are Drunk Driving Accidents in Hillsborough County?
The most recent data from the Centers for Disease Control and Prevention (CDC) reports that Florida has an above-average drunk driving rate. Tampa is one of Florida’s biggest hotspots. Considering the density of tourism and the already elevated drunk driving rate, these collisions threaten all road users.
Per the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), in 2020 alone, Hillsborough County police apprehended 3,195 drunk drivers.
While we’re unsure how many of these drivers caused collisions, even one accident is too many. Whether you were hurt in Tampa’s entertainment district or a suburb, we can seek recovery for your losses.
What Happens if the Other Driver Gets Convicted of a DUI?
If the other driver is convicted of a DUI (or even reckless driving), this information could benefit your case, as it would establish their negligence.
Florida Statute § 316.193 prohibits drunk driving. Anyone violating this law could face license suspension, fines, and jail time.
Start Building Your Tampa Drunk Driving Accident Case Today
A drunk driving accident lawyer from the Law Offices of Anidjar & Levine will defend your rights. Our team will stand up for justice as we gather evidence, identify liable parties, and pursue damages. We will also handle your questions as they come up and keep you in the loop.
Contact us today to learn more about how one of our lawyers can help you after a drunk driving accident. We go the extra mile for our clients.
We Can Help.
