Drunk Driving Accidents Lawyer
Experienced Attorneys Seeking Appropriate Compensation for Victims of Drunk Driving Accidents Throughout Florida
The injuries and losses due to a drunk driving accident can have serious effects throughout one’s life, family, and community in a variety of ways. These are extremely unfortunate, painful, and expensive situations that often lead to difficulty and confusion in the aftermath of the incident. The way to seek compensation through the legal system for injuries and losses after a drunk driving accident in Florida is by pursuing a personal injury claim against the driver who negligently caused harm to you or your loved one by choosing to drive under the influence of alcohol. The drunk driving accident lawyer team at Cohen and Cohen Law serves all of Florida. We provide empathy and support throughout the entire legal process to help you seek appropriate compensation and recovery.
We understand the physical, emotional, and financial toll that a drunk driving accident can take on a victim’s life, and we help injured individuals and their families heal and pursue the justice they need. With a results-oriented approach and personalized legal strategies, our firm fights tirelessly to seek the compensation clients need for their injuries, medical bills, lost wages, and pain and suffering.
Cohen and Cohen Law has served injured individuals in Florida for over 50 years. We know the devastating impact drunk driving accidents can have on victims and their families, and our experienced lawyers address each client’s unique needs and circumstances. Contact us today to schedule a free consultation. We maintain transparent communication with clients, offering regular updates and promptly answering questions.
Key Takeaways
- Victims of drunk driving accidents in Florida can seek compensation for their injuries through a drunk driving accident claim
- Drunk driving accidents in Florida can lead to extremely serious injuries such as traumatic brain injury, spinal cord injury, severe burns, amputation, or death
- A drunk driving accident claim is distinct from a criminal case trying the drunk driver for the crime of driving under the influence of alcohol
- Victims of drunk driving accidents may be able to pursue economic, noneconomic, and punitive damages
- Drunk driving accident claims in Florida require a plaintiff to prove liability according to the state’s modified comparative negligence rule
- Injury victims in Florida have only two years to file a claim following a drunk driving accident
- Family members may be able to seek a wrongful death claim following a fatal motor vehicle accident caused by another driver who was driving under the influence of alcohol
- Cohen and Cohen Law offers free consultations to help victims of drunk driving accidents understand their legal options and pursue the compensation they need
Common Types of Injuries in Drunk Driving Accident
Drunk driving accidents often lead to severe and life-altering injuries for victims:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Internal organ damage
- Lacerations and burns
- Emotional trauma, such as PTSD and anxiety
The force of impact from a collision caused by an intoxicated driver can lead to a wide range of physical trauma, including head injuries, brain injuries, spinal cord damage, and broken bones. These catastrophic injuries may require extensive medical treatment, rehabilitation, and long-term care.
Victims of drunk driving accidents may also suffer from emotional and psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, and depression. The emotional toll of the accident can be just as devastating as the physical injuries, affecting the victim’s quality of life and ability to function in daily activities.
The experienced attorneys at Cohen and Cohen Law understand the complexities of drunk driving accident cases and work diligently to help victims seek appropriate compensation for their injuries, medical expenses, lost wages, and pain and suffering. There are thousands of drunk driving accidents per year in Florida. By holding drunk drivers accountable for their actions, Cohen and Cohen Law seeks to provide a sense of justice for victims and their families.
Distinguishing Your Civil Suit from the Criminal Case Following a Florida Drunk Driving Accident Injury
When a drunk driving accident occurs in Florida, two separate legal proceedings may follow: a criminal case against the intoxicated driver and a civil lawsuit filed by the injured victim. While the criminal justice system focuses on punishing the drunk driver for breaking the law, the civil suit seeks to compensate the victim for their injuries and damages.
In a civil lawsuit, the burden of proof is lower than in a criminal case. To win a civil case, the victim must prove that the drunk driver’s negligence caused the accident and consequential injuries:
- The drunk driver owed a duty of care to the victim to drive safely and responsibly
- The drunk driver breached that duty by choosing to drive while intoxicated
- The drunk driver’s actions directly caused the accident and the victim’s injuries
- The victim suffered damages, such as medical expenses, lost wages, and pain and suffering, due to the accident
The experienced lawyers at Cohen and Cohen Law help victims navigate the complex legal process of filing a civil lawsuit against a drunk driver. We work tirelessly to gather evidence, negotiate with insurance companies, and present a strong case in court to seek appropriate compensation for our clients.
Seeking Remedies for Victims of Drunk Drivers in Florida
Victims of drunk driving accidents in Florida may be able to pursue various types of compensation for their losses and suffering. The experienced attorneys at Cohen and Cohen Law work diligently to seek appropriate remedies for their clients, including economic damages, noneconomic damages, and, in some cases, punitive damages. By carefully evaluating each case and gathering compelling evidence, the law firm seeks to maximize the compensation that may be awarded to victims and their families.
Economic Damages
Economic damages in drunk driving accident cases encompass the quantifiable financial losses suffered by the victim. These may include medical expenses, such as hospital bills, surgery costs, and ongoing treatment or physical therapy, as well as lost wages due to time away from work while recovering from injuries:
Economic Damages | Examples |
---|---|
Employer | Hospital bills, surgery costs, ongoing treatment or therapy |
Lost Wages | Time away from work while recovering from injuries |
Property Damage | Vehicle repair or replacement costs |
The lawyers at Cohen and Cohen Law meticulously calculate and document these economic damages to help victims pursue fair compensation for their financial losses. By presenting a comprehensive account of the economic impact of the accident, we seek the maximum possible recovery for our clients under the law.
Non-economic Damages
Non-economic damages in drunk driving accident cases encompass the intangible losses suffered by the victim, such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages may also include loss of consortium, which refers to the negative impact on the victim’s relationships with family members.
Punitive Damages
In some cases, punitive damages may be awarded to victims of drunk driving accidents in Florida. These damages serve to punish the drunk driver for their egregious behavior and to deter others from driving under the influence of alcohol. Punitive damages might be awarded when the drunk driver’s actions demonstrate a reckless disregard for the safety of others.
- Punitive damages are intended to punish the drunk driver for their reckless behavior
- They also serve as a deterrent to others, discouraging people from driving after they drink alcohol
- Punitive damages may be awarded in cases where the drunk driver’s actions were particularly egregious or showed a blatant disregard for the safety of others
The experienced attorneys at Cohen and Cohen Law work to build a strong case for punitive damages when appropriate, presenting evidence of the drunk driver’s reckless behavior and the severity of the victim’s injuries. By seeking punitive damages, the law firm aims to hold drunk drivers accountable for their actions and to provide a sense of justice for victims and their families.
Proving a Drunk Driving Accident Case in Florida
Proving a drunk driving accident case in Florida requires demonstrating that the intoxicated driver’s negligence caused the victim’s injuries and damages. The experienced attorneys at Cohen and Cohen Law gather evidence to establish liability and build a strong case on behalf of our clients.
Evidence in a drunk driving accident case may include:
Type of Evidence | Purpose |
---|---|
Police reports | Document the accident scene, driver’s intoxication, and any citations issued |
Witness statements | Corroborate the victim’s account of the accident and the driver’s impairment |
Medical records | Demonstrate the extent and severity of the victim’s injuries |
Toxicology reports | Confirm the driver’s blood alcohol content (BAC) at the time of the accident |
An experienced drunk driving injury lawyer will draw upon various forms of evidence to prove the legal liability of a driver who was behind the wheel in a vehicle in Florida after consuming liquor or an alcoholic beverage. These can potentially include using breathalyzer readings to show an illegal blood alcohol content that can support arguments for negligence and the cause of the accident, as well as medical records of injuries to demonstrate the scope of damages connected to the other driver’s careless choice to drink and drive.
By meticulously collecting and presenting this evidence, the attorneys at Cohen and Cohen Law work to prove the drunk driver’s negligence and seek appropriate compensation for clients. Our extensive experience and knowledge of Florida’s drunk driving laws enable us to build compelling cases and fight for the rights of accident victims.
Florida Uses a Modified Comparative Negligence Rule
Florida’s modified comparative negligence rule means injury victims can pursue a claim so long as they are not determined to be over 50% at fault for their injury. Note that an injury victim’s potential compensation would be reduced according to the degree they are determined to have been at fault. An injury victim who is deemed to be over 50% responsible for the injury would be ineligible for compensation in Florida.
Elements Needed to Prove Liability for a Florida Drunk Driving Accident Claim
A plaintiff must demonstrate four elements of fault are present to prove another party’s legal liability for injuries in a Florida drunk driving accident:
- Duty of Care: Show that the defendant had a duty to avoid causing harm to the plaintiff
- Breach of Duty: Show that the defendant carelessly failed to uphold the duty of care
- Causation: Show that the breach of duty led to the plaintiff’s injuries
- Damages: Show the losses suffered by the plaintiff due to the accident
Demonstrating a defendant’s choice to drive after consuming an alcoholic beverage that placed their blood-alcohol level above the legal limit can satisfy the requirements for negligence, but the accident and consequential injuries need to be connected to that negligence, and the scope of damages need to be thoroughly detailed. Again, this process is entirely separate from the criminal justice system, but it could help your case if the defendant has a guilty verdict for a criminal charge of driving under the influence. An experienced attorney at Cohen and Cohen can assess your case and build your legal strategy during your free consultation.
Statute of Limitations
The statute of limitations to file a drunk driving accident claim in Florida is only two years. An injury victim needs to begin well ahead of that time by strategizing with an attorney and coordinating with expert witnesses to investigate and collect evidence that will support the claim.
As much of the relevant evidence at the accident site or involving the vehicles themselves will often be fleeting and witnesses with a clear recollection of events are likewise harder to track down the longer you wait, it is crucial to begin working with an experienced attorney shortly after the incident. Your attorney can then help you begin your legal strategy so you can file your claim well in advance of the statute of limitations.
Pursuing a Wrongful Death Claim Following a Drunk Driving Fatality in Florida
Drunk driving in the United States is a major cause of traffic deaths. As in other states, the victim’s family may be able to pursue a wrongful death claim when a drunk driving accident in Florida leads to the tragic loss of life. Cohen and Cohen Law’s compassionate attorneys understand the immense grief and financial hardship that families face in the aftermath of a drunk driving fatality. They work tirelessly to help families navigate the legal process and seek the justice and compensation they need.
In a wrongful death claim, the victim’s family may be able to pursue damages for their loved one’s medical expenses, funeral costs, lost income, and loss of companionship. Cohen and Cohen Law’s experienced attorneys thoroughly investigate the accident, gather evidence, and consult with experts to build a strong case on behalf of the grieving family. We negotiate with insurance companies and, if necessary, we take the case to trial to help the family pursue the maximum compensation that may be available under the law.
By holding drunk drivers accountable for their reckless actions, Cohen and Cohen Law seeks to provide a sense of closure and justice for families who have lost a loved one. Our dedicated team of attorneys and staff offer unwavering support and guidance throughout the legal process, helping families to focus on healing while their legal team handles the complexities of the wrongful death claim.
Seeking Compensation for Injuries and Losses from Accidents Caused by a Drug-Impaired Driver in Florida
Cohen and Cohen Law recognizes that accidents caused by drug-impaired drivers can be just as devastating as those caused by drunk drivers. Our experienced attorneys help victims of drug-impaired driving accidents seek appropriate compensation for their injuries, medical expenses, lost wages, and pain and suffering.
Our law firm’s team of skilled attorneys thoroughly investigate each case, gathering evidence such as police reports, toxicology results, and witness statements to prove the drug-impaired driver’s negligence. We work with medical experts to assess the extent of the victim’s injuries and the long-term impact on their life. We understand the unique challenges these cases present and are committed to holding drug-impaired drivers accountable for choices their actions after carelessly driving under the influence of a controlled substance.
How a Lawyer at Cohen and Cohen Law Experienced in Florida Drunk Driving Accident Cases Can Help You
Our attorneys at Cohen and Cohen possess the knowledge and experience necessary to navigate the complexities of drunk driving accident cases in Florida. We understand the unique challenges these cases present and work diligently to gather evidence, negotiate with insurance companies, and build a strong case on behalf of our clients.
Cohen and Cohen Law’s Approach | Benefits for Clients |
---|---|
Personalized Legal Strategy | Tailored to client’s specific goals and concerns |
Transparent Communication | Regular updates and prompt answers to questions |
Accessibility and Convenience | Flexible meeting options, including virtual consultations |
By retaining an experienced lawyer at Cohen and Cohen Law, victims of drunk driving incidents in Florida can focus on their recovery while their legal team handles the intricacies of the case. We provide personalized attention and guidance, ensuring that their clients are informed and supported every step of the way throughout the legal process:
- Investigate the accident and gather evidence to prove the drunk driver’s negligence
- Assess the extent of the victim’s injuries and the long-term impact on their life
- Negotiate with insurance companies to seek appropriate compensation
- Represent the victim in court, if necessary, to fight for their rights and fair compensation
With our results-oriented approach and commitment to client satisfaction, Cohen and Cohen Law’s experienced attorneys strive in pursuit of a positive resolution for victims of drunk driving accidents in Florida. We work tirelessly to hold drunk drivers accountable for their actions and to help victims seek the justice and compensation they need.
Contact Cohen and Cohen Law Today to Schedule a Free Consultation and Discuss Your Drunk Driving Accident Case Strategy
By holding drunk drivers accountable for their actions and navigating the complexities of the legal process, Cohen and Cohen Law seeks to provide a sense of justice for victims and their families. We address each client’s unique needs and circumstances, pursuing fair compensation for injuries, medical bills, lost wages, and pain and suffering.
Cohen and Cohen Law invites victims of drunk driving accidents in Florida to schedule a free consultation with our experienced attorneys. During this consultation, our compassionate team will listen to the victim’s story, assess the details of their case, and provide guidance on the right course of action to pursue appropriate compensation for their injuries and losses.
Each drunk driving accident case is unique, and we are committed to developing personalized legal strategies that address the specific needs and goals of our clients. By taking the time to thoroughly understand the situation and the impact of the accident on you and your family, our firm can build a strong case and fight for the maximum compensation possible under the law.
Schedule your free consultation with Cohen and Cohen Law by calling (800) 332-6436(800) 332-6436or filling out our online form. With over 50 years of experience and a proven track record of success, Cohen and Cohen Law’s dedicated attorneys are ready to stand by our clients’ sides and help them navigate the complex legal process to pursue justice and compensation for victims of drunk driving accidents in Florida.
Experience Matters — Serving Florida for Over 50 Years
Frequently Asked Questions about Drunk Driving Accident Cases in Florida
What types of injuries are commonly sustained in drunk driving accidents in Florida?
Drunk driving accidents in Florida often result in severe injuries such as traumatic brain injuries, spinal cord injuries, broken bones, and internal organ damage. These accidents can also lead to fatalities, leaving families devastated by the loss of a loved one due to someone else’s negligence and reckless behavior.
How does a civil suit differ from a criminal case in DUI accidents?
In a civil suit involving a DUI accident, the victim seeks compensation for damages from the at-fault driver, while a criminal case is brought by the state to punish the offender for breaking the law. The burden of proof is lower in a civil case, requiring a “preponderance of evidence,” whereas a criminal case requires proof “beyond a reasonable doubt” to convict the accused.
Civil cases focus on the victim’s right to pursue recovery for damages, such as medical expenses, lost wages, and pain and suffering, from the negligent party. Criminal cases, on the other hand, aim to hold the offender accountable for their actions and may result in penalties like fines, license suspension, or imprisonment.
It is important to note that a civil suit and a criminal case can occur simultaneously, as they serve different purposes and have distinct legal procedures. A skilled drunk driving accident lawyer can help victims navigate the complexities of a civil suit and fight for the compensation they need, while the criminal justice system seeks to make drunk drivers face appropriate consequences for their reckless behavior.
What remedies can victims of drunk driving accidents seek in Florida?
Victims of drunk driving accidents in Florida can seek compensation for medical expenses, lost wages, pain and suffering, and property damage through a personal injury lawsuit. In some cases, punitive damages may also be awarded to punish the drunk driver for their reckless behavior and deter future misconduct.
How can an experienced attorney help with a Florida drunk driving accident case?
An experienced Florida drunk driving accident lawyer can help navigate the complex legal process following a drunk driving accident in Florida. They can gather evidence, negotiate with insurance companies, and fight for fair compensation for medical expenses, lost wages, and pain and suffering.
A skilled lawyer will also assess the unique circumstances of the case, such as the at-fault driver’s blood alcohol content and any potential dram shop liability, to build a strong case for maximum damages. With in-depth knowledge of Florida’s drunk driving laws and experience in handling similar cases, an attorney can provide the legal representation needed to hold the responsible parties accountable and seek justice for the injured victim.
Is it possible to file a wrongful death claim after a DUI fatality?
Yes, it is possible to file a wrongful death claim after a DUI fatality. If a drunk driver causes an accident that results in the death of another person, the victim’s family may be able to pursue a wrongful death lawsuit against the intoxicated driver and potentially other liable parties.
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