Boca Raton, FL – Many drivers in Florida are arrested for driving under the influence each year. Some of these drivers will cause accidents before they can be apprehended by local law enforcement in the area. When a driver is injured by the actions of someone who is under the influence of drugs or alcohol, they can try to bring a civil lawsuit against the person responsible regardless of the outcome of the criminal case and charges. However, there are some differences involved when the defendant was intoxicated at the time of the collision. These differences are generally beneficial to the plaintiff because drunk driving is an activity with a strong social stigma, which makes a defense difficult.
Personal injury protection
All insured drivers in Florida are covered under PIP. When a drunk driver is responsible for the collision, the personal injury protection amount on their policy will be paid out to the victim. However, many serious drunk driving accidents cause a larger amount of damage than the amount covered by their insurance. The driver may be personally liable for these losses or have to find other means of compensation for the victim. Some drunk drivers have had to declare bankruptcy to try to pay the victim’s damages once their insurance is exhausted.
Awarding punitive damages
The judge who presides over the case may consider awarding punitive damages to the victim. These types of damages are rarely available in civil accident cases, but drunk driving is considered a type of behavior that is reckless or malicious. This means that additional damages may be awarded to the victim as a way of punishing the defendant, regardless of the victim’s actual losses tied to things like medical bills and property damage.
Agreements to settle have generally become much more common than trials in all personal injury matters. They tend to save time and costs for both sides of the litigation.
The defense attorney for a drunk driver is put in a difficult situation if there is clear evidence that their client was intoxicated and should not have been driving. Settlement negotiations may become much easier for a plaintiff and their lawyer if it is obvious that the defendant would likely lose at trial. This gives the plaintiff much more negotiating power to ask for full payments for their medical bills, lost wages, and vehicle damage.
Licensed injury attorneys in south Florida
Rosenberg Injury Law is dedicated to helping people who have been harmed in various kinds of accidents near Boca Raton. Anyone who is considering legal assistance with a lawsuit can get in touch with a licensed attorney at the firm to learn more about civil cases and compensation.
Firm contact info:
5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487