Can I File a Lawsuit After Drunk Driver Injures Me?
Several different situations can lead to a car accident, but drivers are the primary cause, especially those who engage in risky driving.
Examples of risky driving include:
Remember that you must file a car accident lawsuit within a specific timeframe. Per Florida Statutes, you usually have only four years from the drunk driving accident to file a claim and only two years for the family to file a wrongful death claim.
Do I Need an Attorney to File a Drunk Driving Lawsuit in Tampa?
In Tampa Bay, you have the right to sue the at-fault motorist for the compensation you deserve if you have suffered a severe injury in a drunk driving accident. The advice and help of our Tampa car accident lawyers, who are experienced negotiators and litigators with experience handling a variety of car accident cases, can be highly beneficial.
Our Florida car accident lawyers at Boohoff Law can answer your questions about filing a lawsuit, advise you on your next course of action, and promptly handle your case so you can concentrate on taking care of yourself and your family.
Specifically, we will:
- Examine what happened to you in your accident and determine whether you have grounds for suing another party.
- Help you decide whether to file a personal injury lawsuit or an insurance claim.
- Ensure that we protect your rights under Florida law.
- Negotiate vigorously on your behalf with insurance company representatives and attorneys.
- Compile the evidence necessary to prove negligence on the part of the at-fault driver.
- Establish the fair value of your damages (physical pain, emotional distress, financial losses, and other losses) and support your compensation claim.
- Determine whether you should accept a settlement offer based on the full, fair compensation you deserve.
- Prepare to fight and win in court if necessary to recover the full, fair compensation you need.
- Handle all your questions about your case and keep you well informed throughout the entire lawsuit.
For answers to specific questions about your injuries, please contact Boohoff Law for a free case evaluation and talk with an experienced Florida car accident attorney. All of our consultations are free, and you pay nothing until we win your case.
What Are the Most Hazardous Intersections Near Tampa?
Tampa is home to several hazardous roads, including:
- Sheldon Road at Waters Avenue West
- Anderson Road at Waters Avenue West
- Waters Avenue West at Hanley Road
- Hillsborough Avenue West at Sheldon Road
- 301 Highway South at Gibsonton Drive
- Waters Avenue at Himes Avenue North
- 301 Highway South at Big Bend Road
- Bruce B. Downs Boulevard at Fletcher Avenue East
- Bloomingdale Avenue at Bell Shoals Road
- Bloomingdale Avenue at Providence Road
Sober drivers have a hard enough time navigating those intersections. Intoxicated drivers don’t have much of a chance.
Per the Florida Highway Safety and Motor Vehicles’ Crash Dashboard, approximately 400,000 car crashes happen here in our state every year, resulting in more than 250,000 injuries and 3,600 fatalities. There were 28,014 car crashes in Hillsborough County alone last year, 18,695 injuries, and 271 deaths. They can take place all over our community, not just in those areas.
I Suffered an Injury in a Drunk Driving Accident in Tampa. Can I Sue for Damages?
The Florida Motor Vehicle No-Fault Law doesn’t preclude filing a car accident lawsuit to recover compensation if you suffered serious injuries after a drunk driving accident.
Below are some examples of injuries that may qualify as serious under Florida law:
- Back and neck injuries: The impact of a crash can injure the discs in your neck or back. The injury may be apparent immediately or may worsen over time and require invasive surgeries and other medical procedures.
- Brain injuries: Vehicle collisions cause traumatic brain injuries (TBI), which can lead to significant and permanent disabilities.
- Broken bones: Fractures can cause pain, impair bodily functions, and need surgery or other medical treatment, as well as cause chronic health problems.
- Lost limbs: When a catastrophic collision occurs, arms or legs may be severed or amputated.
- Spinal cord injuries: Spinal cord injuries can cause permanent disability, resulting in loss of function and/or sensation.
- Burns: When a drunk driving crash causes a fire, the resulting burns may cause scarring, disfigurement, pain, and/or a loss of bodily functions and may require extensive and long-term medical treatment.
Even seemingly mild brain trauma can result in fatal complications, as the mild TBI designation relates only to the initial presentation of symptoms and not to the overall prognosis. TBIs that medical professionals deem mild can still be severe injuries resulting in serious and lasting effects and complications. If you are diagnosed with any TBI, you should remain on watch for any symptoms of complications or lingering effects.
It is sometimes necessary to file a lawsuit to recover the compensation you require to pay for constant medical expenses, lost wages, pain, suffering, and other damages. Our Florida car accident attorneys can review the circumstances of your accident and determine if you are eligible to file this type of lawsuit.
A PIP Policy Covers What?
Florida law requires all motor vehicle owners to have a minimum of $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL) insurance to cover their expenses in the case of a crash. PIP insurance covers medical treatment, hospital costs, rehabilitative care, and physical and occupational therapy, along with 60 percent of lost income, up to a max amount of $10,000. PIP caps benefits at $2,500 if there is no medical emergency.
I Suffered a Severe Injury in a Tampa Drunk Driving Accident. Who Can I Hold Responsible?
A driver is liable for a car accident if they are negligent. A party or parties who breached their duty of reasonable care can be held liable for damages in a car accident case. Usually, a court will deem a driver negligent when they violate traffic laws, such as speeding, failing to yield the right-of-way, failing to stop at a traffic light, or driving while drunk. In drunk driving accidents, the drunk driver is almost always responsible for your injuries.
How Can I Claim Damages in a Florida Drunk Driving Accident Case?
Depending on the extent of your injuries, prognosis, healthcare needs, and how those elements affect your mental health and family, you can claim damages. If you suffered a severe injury in a drunk driving accident, our experienced Tampa drunk driving accident attorneys can help calculate the damages you may deserve.
However, in general, people who have suffered a severe injury in drunk driving accidents may seek compensation for economic and non-economic damages, such as:
- Current and future medical and care expenses, including hospital stays, surgeries, medication, diagnostic tests, office visits, assistive devices and equipment, rehabilitative therapies, and transportation to medical facilities
- Damage to property
- Loss of wages and income
- Reduced earning capacity
- Physical pain and suffering
- Mental anguish
- Physical impairment, disfigurement, or scarring
- Loss of enjoyment of life
- The loss of guidance, assistance, and companionship you provided to your family
- Other damages recoverable under Florida law
How Much Money Can I Get From a Tampa Drunk Driving Accident Lawsuit?
The compensation you can receive from a Florida drunk driving accident lawsuit depends on the specific circumstances of your case. Our Tampa drunk driving accident lawyers will take into account your physical injuries, medical expenses, treatment, and care needs, and the effects of your injury on your mental state, earnings, and family life, before assessing fair compensation for you.
Attorneys at our firm have recovered thousands of dollars in awards for injured clients, and we will put their experience to work for you to help you get the full, fair compensation you deserve.
How Should I Work With the Insurance Adjuster?
Following a drunk driving car accident, the other party’s insurance company will undoubtedly contact you to inquire about the accident and your injuries. Even though the conversation seems harmless, it can be detrimental to your case to speak personally with them since you can accidentally say something that they can use to show that you were negligent and partially responsible for the crash or that your injuries are insignificant.
The insurance company can potentially use any information you share with an insurance adjuster or other insurance representative to deny payment or reduce your compensation.
It can be beneficial to have an experienced Tampa drunk driving accident lawyer handle the communication with the other party’s insurance company. You can let insurance company representatives know that your attorney at Boohoff Law will contact them, so you don’t have to stress about what you say to them.
Our Florida car accident attorneys know the tactics insurance companies use to reject or undervalue drunk driving claims and will prepare to negotiate aggressively with them to get you the necessary compensation.
Is it a Good Idea to Accept the Insurance Company’s Settlement Offer?
Florida car accident victims often feel pressured into accepting the insurance company’s settlement offer, even if it is too little to cover their medical expenses. Often, insurance companies need more information to make a fair offer, and they try to pay out as little as possible.
An experienced Tampa car accident lawyer can help you in this situation. Boohoff Law’s drunk driving accident lawyers are skilled negotiators who know the tactics insurance companies use to pay as little as possible. Our firm will not back down until you receive a fair settlement offer to cover all of your losses, and if the insurance company does not offer a fair settlement amount, we will be prepared to go to court.
Should I Hire Boofhoff Law’s Tampa Drunk Driving Accident Lawyers?
You will have an easier time navigating through the legal claim process if you receive advice and assistance from a trusted Tampa car accident lawyer at Boohoff Law. Our drunk driving accident lawyers have years of experience helping injured clients win the settlements and awards they deserve. As skilled negotiators and litigators, we don’t back down until we get the results our clients want.
You do not have to pay anything to hire our firm. We provide free advice and legal services until you receive your compensation. Contact us today at (813) 725-5606 for your free case consultation and start the process of getting the payment you deserve for your injuries.
