Punitive Damages in Florida DUI Accident Cases

Drunk drivers can wreak havoc on Florida roads, causing serious, potentially life-threatening injuries and catastrophic property damage.

A driver who gets behind the wheel with a blood alcohol level that exceeds the state’s limitations cannot safely operate their vehicle. They, and their insurance company, can be held accountable for their actions and your resulting expenses and losses.

In addition to economic and non-economic damages, a Fort Lauderdale DUI accident lawyer can also help you recover punitive damages in Florida DUI accident cases.

They can clarify the laws of the state and your right to these specialized damages. Many will review your case at no cost and help you fight for the best possible financial compensation.

What are Punitive Damages?

Economic and non-economic damages are intended to compensate you for the financial and non-financial toll of an accident. According to Florida Statutes § 768.72, punitive damages are awarded to the injured party to penalize the at-fault party. These damages are rare, and are only awarded in cases where the at-fault party’s actions were identified as:

• Intentional misconduct, meaning the at-fault party was aware of the potential for harm their actions could cause and acted anyway
• Grossly negligent, meaning the at-fault party’s actions were reckless to the point of creating a disregard for the injured party’s life and safety

Florida Statutes § 768.736 further defines the rights of DUI accident victims to recover these damages in addition to other forms of compensation. Your lawyer will obtain evidence of the at-fault driver’s blood alcohol concentration (BAC) level and prove your right to punitive damages.

What Other Damages Can You Recover for a DUI Accident?

You can recover three types of damages after a car accident. In addition to punitive damages, typically capped at three times your other recoverable damages, the at-fault driver can also be held accountable for:

• Economic damages: Current and future bills for medical treatment, rehabilitation and therapy, current and future lost wages, lost earning ability, and property damage, destruction, or diminished value
• Non-economic damages: Lasting impairments, disfiguring injuries, physical pain and suffering, mental anguish, emotional trauma, and compensation for your loss of enjoyment of life
• Wrongful death damages (if applicable): Funeral and burial costs, loss of your loved one’s income and household contributions, and loss of consortium, care, support, guidance, and companionship

After a DUI accident, you do not have to fight for financial recovery on your own. Your lawyer can help you assess and document the types and amounts of compensation you are entitled to recover. 

How Long do You Have to File a DUI Car Accident Lawsuit in Florida?

You have a small window of opportunity to file a civil lawsuit after a car accident. Per Florida Statutes § 95.11, you generally have:

• Two years from the date of the accident to file your personal injury lawsuit
• Two years from the date of a loved one’s demise to file your wrongful death lawsuit

Except for the statute of limitations exceptions identified in Florida Statutes § 95.051, you must meet the filing deadline. Since it can fluctuate, the best way to understand how it applies to your case is to let a car accident lawyer in your area manage it for you. 

What Happens if You Miss the Car Accident Lawsuit Filing Deadline?

The statute of limitations for personal injury cases in Florida defines how much time you have to file your lawsuit. It is a mandatory part of your car accident lawsuit. If you miss the filing deadline:

• The court could bar you from filing your lawsuit at all
• Your lawsuit could be dismissed without ever being heard
• The insurance company could refuse to negotiate with you

Any of these outcomes will mean you cannot compel the at-fault driver to compensate you. It will also mean the financial burden of the accident will fall to your shoulders. The lawyer who represents you will protect your right to compensation by filing your lawsuit on time and in the appropriate court. 

How Can a DUI Accident Attorney Help You Obtain Punitive Damages in Florida?

While you are not required to have a lawyer for a DUI accident case, hiring one can have many benefits. A primary benefit is their ability to let you focus on your physical and psychological recovery without losing valuable time to build your injury claim. 

A car accident lawyer can:

• Document the intoxicated driver’s BAC
• Gather physical evidence and documents
• Draft and file your insurance claim or lawsuit
• Handle all case-related communication
• Identify and consult with expert witnesses
• Clarify legal and insurance language
• Locate and interview accident witnesses
• Negotiate a fair and appropriate settlement

If your family lost a loved one in an accident caused by a drunk driver, a wrongful death attorney will represent your family with kindness and compassion. They will also clarify which family members can file a wrongful death action and who can recover monetary damages.

You Could Get Legal Support in Florida Without Paying Any Out-of-Pocket costs

Personal injury law firms often accept clients on a contingency fee basis. They will not request a large retainer or ask you to pay any of the upfront costs associated with preparing your lawsuit. Instead, the law firm will cover:

• Court filing fees
• Expert consultations
• Discovery costs 
• Deposition expenses
• Mediation costs
• Obtaining evidence
• Investigation costs

Even your fee will not come out of your own pocket. Instead, they will accept a percentage of your recovered damages as compensation. The law firm will only recover damages when you do, and you will owe no legal or attorney fees at all if you do not receive compensation. 

Learn More About Recovering Punitive Damages in a Florida DUI Case

If you or someone you love was injured in a drunk driving accident, our law firm will help you fight for financial recovery. We will also fight for additional compensation in the form of a punitive damage award in Florida DUI accident cases. 

Learn more about your rights as the injured party and the intoxicated driver’s financial responsibilities. Contact our consultation team at Chalik & Chalik Injury Lawyers to get started today.