After being involved in an accident with a drunk driver, damages can be effectively recovered by contacting the Law Offices of Leader, Leader & Zucker, PLLC to guide you through the insurance claim process and initiate a Florida civil claim, if necessary. Damages are measured based on a claim that drunk driving is a negligent criminal act, reinforcing efforts toward compensation to cover damages and injuries resulting from car accidents with drunk drivers. Reasonable care is defined as the level of care that a prudent person would have used under the same or similar circumstances and a drunk driver is unreasonable to operate a motor vehicle under the influence of alcohol due to the serious risk of accident and injury associated with this behavior.
Recoverable damages for the victims of drunk driving accidents, through insurance claims and/or court awards, include compensation for the property damage caused to a motor vehicle and compensation for the expenses incurred due to any injury and/or pain and suffering. In addition, victims of drunk driving accidents may be able to seek punitive damages.
The State of Florida requires:
Mandatory Insurance. State of Florida requirements are that motor vehicles must have current auto insurance coverage with a minimum requirement of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL).
No-Fault Car Insurance. The Florida No-Fault Law requires drivers to carry the PIP and this no-fault coverage pays the insured’s bills, regardless of fault, up to the limit of the $10,000.
Statute of Limitations. Florida has a two (2) year statute of limitations for property damage and personal injury claims. This means if a driver, passenger, or passerby is injured or sustains property damage at the hands of a negligent driver, the victim must file a lawsuit within the two (2) year period beginning from the date of the accident.
Pure comparative Negligence (51% Rule). Florida follows the “pure comparative negligence rule” meaning that if you were responsible for any part of the activities that led to your injury, the compensation you will receive will be adjusted in accordance with that percentage of fault assigned to you. If the accident was caused due to drunk driving, a DUI criminal conviction will support a negligence claim for the civil suit reducing negligence claims for you and strengthening the civil case and the amount of the award.
Court awards. Compensation will be based on legal counsel’s presentation of facts surrounding the accident and remedies available in Florida with monetary calculations regarding damages and injuries sustained, against a review of the drunk driver’s liability insurance including uninsured motorist coverage.
Contact Leader, Leader & Zucker, PLLC for a free consultation.
622 South Andrews Avenue, Suite 201
Fort Lauderdale Florida 33301