What damages can I claim after a drunk driving accident?

Being injured in a drunk driving accident can be life altering. You need to hire a professional personal injury attorney. Only he can educate you on the legal process and eventually help you win the case with the best possible compensation.

Under Florida law, you are the victim of a drunk driving accident if the accident causes you a loss in any way that requires compensation. Under Florida Statute for DUI crash victims, there are certain “allowances” for victims. However, the victim or his lawyer often requires to obtain these subsidies to which he is subject.

You must be aware of the many ways in which a victim can obtain benefits. The Florida Office of Victim Compensation has established a set of Qualification Requirements for receiving funds under its Crime Compensation Act. These are the requirements:

• Reporting the crime to law enforcement agencies must be made within 72 hours.

• The victim must have suffered some kind of personal physical injury. There is an automatic reduction in funding for those who have just suffered a psychiatric or psychological injury from the accident.

• The request must be submitted within one year after the date of the offense. In case valid cause is shown, the time period could be extended

• to 2 years.

• The victim must cooperate fully with law enforcement, the State Attorney’s Office and the Attorney General’s Office.

• The victim must not have been involved in any form of illegal activity at the time of the accident.

• The victim should not be responsible for the accident in any way.

• The victim must not have a felony conviction record.

What are the benefits available to the victim?

You must meet all of the above criteria for it to be proven that you are the victim. Only then, according to the Office, are you entitled to the following benefits:

• Loss of wages

• Loss of support, such as the death of a close family member, etc.

• Disability of any form

• Funeral-related expenses

• Expenses related to medical treatments

• Mental health counseling

• Compensation for any type of capital loss

However, the truth is that you and your attorney must actively seek compensation in order to take advantage of all the benefits available under Florida Law. This specific statute helps you save a good chunk of your medical costs.

An injury from a drunk driving accident could cause you to lose time at work and consequently lose high wages. You may have to struggle to pay the bills. When your overhead bills add to your medical expenses, you may lose sleep at night. Therefore, it is more than essential that you claim the wages lost in a drunk driving accident. This includes future wages. If the injuries you sustained leave you disabled or unable to function properly to provide results for the business, you must also count your future wages to obtain compensation.

You also have the right to claim damages for pain and suffering caused by such an accident. It is about the physical or mental anguish caused by someone’s death. You must demonstrate the nature and severity of your injury, as well as the prognosis issued by the doctor with the intention of claiming such damages.

Of all the damages claimed, those related to medical expenses are the most common. This is because, in most cases, medical expenses can add up at a surprising rate to a lump sum. The situation can be the same even if you have health and car insurance. You can claim reimbursement for ambulance trips, consultations, medical equipment, physical therapy, home health care, and all other expenses.

What to do right after a drunk driving accident occurs?

• Dial 911

When you discover that you are the victim of the accident, dial 911. Be sure to receive treatment for your injuries instantly, if possible. Police officers soon test the other driver for the accident.

• Gather contact information

Collect important contact information. Include the other driver’s name, contact number, address, and insurance-related details. Also, gather relevant information from witnesses at the scene. Gather your basic contact information as well, as it may come in handy later.

• Gather all possible evidence

Click on pictures of the accident scene, the vehicles or vehicles involved, and the injuries you sustained. If there is other evidence like torn clothing, crashed debris, etc., make sure you have that on hand as well.

• Hire a drunk driving accident attorney

Only the qualified drunk driving attorney has a full understanding of the law. At first, the case may seem simple, but things can get tense with the progression of the case. So, be sure to find a suitable attorney specializing in this field.

Who is generally responsible for drunk driving accidents?

If the person who apparently caused the accident is found to have a BAC greater than the legal limit, you can go ahead with filing a lawsuit against them. You can also file a claim against a restaurant or bar if it is responsible for providing alcohol to the person accused of the accident.

• The accused person must be under 21 years of age.

• The accused must be someone “habitually addicted” to alcohol.

It is quite difficult to place the blame or part of the blame on third parties who might be responsible for drunk driving accidents.