Despite decades of public awareness campaigns about the dangers, motorists continue to get behind the wheel while intoxicated. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are almost 5,000 alcohol-involved crashes every year. They cause devastating damage and immeasurable harm to victims.
Florida law permits victims to sue, but many of these cases are resolved out of court by agreement. As you are weighing options with guidance from a Miami DUI accident lawyer, there are certain considerations to understand when looking at the average settlement for a drunk-driving crash.
What Factors Impact DUI Accident Settlements in Florida?
The value of a DUI accident settlement in Florida depends on several factors. The severity of injuries plays a significant role; more serious injuries often result in higher settlements. If the victim is unable to return to work, there are also considerations involving lost wages.
Consequences for the victim’s quality of life and the level of negligence demonstrated by the drunk driver are also factors. On the other side, Florida’s comparative negligence laws may reduce a settlement if the victim shares fault for the accident.
How are the Average DUI Accident Settlements in Florida Calculated?
Calculating the average DUI accident settlement in Florida involves evaluating two classes of damages. Economic damages include measurable costs such as:
- Medical bills, including hospital expenses, prescription costs, and related medical costs
- Vehicle repair expenses and other property damage
- Lost income and future earning potential
Non-economic damages, like pain and suffering, address quality of life of the victim. They are harder to quantify and often rely on multipliers based on the severity of the impact.
Can I Recover Punitive Damages in a Miami DUI Accident Case?
In cases of extreme negligence, Florida law may allow punitive damages, which are intended to punish the drunk driver and deter similar behavior in the future. You may be able to recover punitive damages in a Miami DUI accident case, but they are awarded under specific circumstances. Florida law requires clear and convincing evidence that the at-fault driver acted with intentional misconduct or gross negligence.
How Can a Miami DUI Accident Lawyer Help Maximize Your Settlement?
Legal counsel can be instrumental in securing fair compensation for your losses. Your lawyer will take on several tasks to build a strong case, including:
- Gathering police reports, witness statements, medical records, and other crucial evidence
- Negotiating with insurance companies to ensure victims receive appropriate compensation
- Assessing non-economic damages accurately
- Arguing for punitive damages when applicable.
By handling legal complexities, a lawyer allows victims to focus on recovery while advocating for the highest possible settlement.
Trust a Miami DUI Accidents Attorney to Guide You
It is helpful to review a summary of the average DUI car accident settlement, but you should rely on a lawyer for a real-life case. At Gerson & Schwartz, PA, our experienced attorneys have a proven track record of securing fair compensation for victims of DUI accidents in Miami, Fort Lauderdale, and West Palm Beach. We work diligently to maximize settlements, so schedule a free consultation today by calling (305) 371-6000.