Miami Drunk Driving Accident Lawyer

Experienced Miami Drunk Driving Lawyers You Can Trust

Our drunk driving lawyers in Miami are dedicated to representing victims and their families who are injured because of drunk driving accidents. We understand the pain that the entire family endures because of a person’s choice to operate under the influence. That’s why we’re committed to representing drunk driving victims. Let us fight for you to receive the compensation that you need and deserve.

We’re proud of our legal track record of providing skilled, compassionate representation that’s tailored to your needs and focused on your success.

Compensation for Drunk Driving Accident Claims

After being injured in a car accident by a drunk driver, you suffer in more ways than one. Not only do you have physical pain, but you may also be dealing with piling medical expenses, the cost of property damage, the inability to work and mental and emotional anguish.

Our Miami car accident attorneys will help to fully value your case so that you get the maximum compensation for all your damages. You may be able to claim financial relief for:

• Medical expenses
• Rehabilitation and future medical care
• Medication
• Property damages
• Lost wages
• Loss of future earnings
• Travel costs
• Pain and suffering

Don’t miss out on the compensation you deserve. Contact our experienced team of Miami drunk driving lawyers for professional legal support and advocacy.

Key Differences Between Criminal and Civil Claims in Florida

You may wonder if it’s worth bringing a drunk driving civil claim if there is already a criminal case in Florida. However, there are several distinctions between the two types of cases that may make a big difference in the amount of compensation that you receive:

Here’s why you should consider bringing a civil claim after a drunk driving accident:

• The burden of proof is different. A criminal case must be proven beyond a reasonable doubt, while a simple preponderance of the evidence decides a civil case.
• A victim may initiate a civil lawsuit. They don’t have to wait for a prosecutor or district attorney to authorize charges.
• Pain and suffering is available only in civil cases. The amount of compensation may be much higher than in a criminal case.
• The reason for a criminal case is justice for society. A civil case is solely about the victim and their receiving fair compensation.
• There may be additional parties involved in a civil claim, like an employer or person who allows the offender to operate the vehicle. These parties may be legally and financially accountable. They may have insurance policies and additional resources that can provide well-deserved financial relief for a victim.
• In a civil claim, only the victim decides how to resolve the case. They may choose to accept or reject a settlement and take their claim to trial if they choose.
• You have the right to representation from the attorney of your choice in a civil claim. Working with a professional injury attorney can help ensure you get the maximum amount possible.

Our Lawyers for Victims in Drunk Driving Accidents in Miami Are Ready to Help

The Bernstein & Maryanoff Injury Attorneys team has decades of experience fighting as lawyers for victims of drunk driving accidents in Miami. In fact, we dedicate our entire legal practice to helping victims. By working with each individual and their family to fight for justice, we make our community a better place.

Our experience, combined with our fully-resourced law firm, gives us a competitive edge as we handle even the most complex claims. Our goal is to hold wrongdoers accountable by helping you maximize your financial compensation and effectively navigate the legal system. Contact our team today for a free consultation.

Personal injury cases against drunk drivers are significantly more complex and involved than other types of auto accident cases. It is important that your lawyer conduct a thorough investigation of the accident and gather all evidence that is necessary to prove that the driver who injured you was drunk. This evidence may include:

• The 911 tape
• The squad car video from the arrest.
• A complete copy of the drunk driver court file in order to preserve all statements made regarding how much alcohol was drunk
• The results of the breathalyzer and field sobriety test

Evidence such as the squad car video and 911 tape will not be kept indefinitely and must be quickly obtained and preserved by your lawyer.

Florida law provides that a drunk driver can be punished for operating a motor vehicle when their normal faculties are impaired. The law also provides that money damages can be awarded to punish this reckless behavior. In Florida, a driver who operates a car when their blood alcohol content is in excess of .08 is presumed to have operated the vehicle when their normal faculties were impaired. Insurance companies and insurance defense lawyers do not like to defend against drunk driver cases. A full and competent presentation of the DUI evidence by your lawyer is likely to cause the insurance company to pay a significantly higher settlement than in an auto accident that does not involve a drunk driver.

The lawyers and staff at Bernstein & Maryanoff Injury Attorneys have the financial resources and experience to help you pursue the maximum compensation available for your injuries or loss in a DUI accident. From our principal office in Miami and numerous other offices across Florida, we represent clients throughout the state.

Punitive damages against drunk drivers

Under Florida law, insurance companies do not normally have to pay punitive damages, but only compensatory damages such as loss of income, medical bills, and intangible damages such as pain and suffering. However, there are exceptions when insurance companies, employers, and owners of vehicles are responsible for paying punitive damages. Examples include:

• When the owner of a car was aware that a drunk person was going to operate his or her vehicle
• When an employer failed to take away a car given to an employee after gaining knowledge that the employee had prior DUI arrests or convictions

The fact pattern that arises when a drunk driver injures or kills someone must be individually analyzed to determine whether punitive damages may apply. However, the big picture in these cases is that people get MAD, just like the Mothers Against Drunk Drivers (MADD) organization, when a drunk driver gets behind the wheel of a car and injures someone.

Free legal consultation: There is never a charge to talk to a Miami injury attorney at the law firm of Bernstein & Maryanoff Injury Attorneys. With a principal office in Miami, numerous other offices across Florida, and the willingness to make house calls, our attorneys will be there when you need them. We handle all cases on a contingency fee basis.

Miami Drunk Driving Lawsuit FAQs

Can you sue someone for drunk driving in Miami?

Yes, you can sue someone for drunk driving in civil court in Miami. Whether or not the responsible person faces criminal charges, you may be able to file your own legal claim. The exact laws for the case depend on state laws that may vary. In Florida, you may sue someone for drunk driving in Miami when an accident causes serious, permanent or disfiguring injuries.

How can a drunk driving attorney help a victim?

Here are just some of the ways that a drunk driving attorney can help a victim:

• Determining what party or parties are legally at fault for the accident and who may be named in the claim
• Identifying and documenting injuries from a legal proof standpoint
• Evaluating and requesting all types of compensation, including pain and suffering
• Drafting legal documents
• Gathering and preparing evidence
• Speaking for you at court appearances
• Filing legal motions
• Going to trial
• Negotiating a settlement
• Helping you understand the pros and cons of accepting a settlement
• Drafting and collecting a final judgment

Ultimately, an attorney helps you understand what you may receive in compensation and what’s involved in bringing a claim. They help you strategize to maximize your claim. Plus, they put their training and skill to work to manage the legal process and advance your interests.

How much can someone sue for a drunk driving accident in Florida?

Florida law allows someone to sue for a drunk driving accident to collect for their physical injuries, property damages and non-economic losses. Non-economic damages cover a range of ways that a victim’s life changes intangibly because of the accident. Things like physical suffering, mental anguish, inconvenience and lifestyle changes may all be a part of a claim. The exact amount that you can claim depends on your injuries and all of your losses because of the accident.

What is Florida law for suing a drunk driver?

Florida law for suing a drunk driver comes from Florida statutes 627.737¹ and Florida statutes 768.81². Under Florida law 627.737, a victim may bring a suit for pain, suffering, mental anguish and inconvenience when the victim suffers injuries that are:

• Serious or significant
• Permanent
• Scarring
• Disfiguring
• Fatal

Florida law 768.81 discusses negligence actions and provides for contributor fault and apportionment of damages. Drunk driving generally qualifies as negligence or a failure to take ordinary care for the safety of others. It may also be considered recklessness. When drunk driving causes an accident that results in serious injury to a victim, Florida law allows the victim to claim fair compensation for their injuries.

Contact Bernstein & Maryanoff Injury Attorneys for a Free Case Evaluation

Our attorneys are accepting new cases, and your consultation is always free. There are time limits that apply to bringing a claim, and it’s essential to work quickly to investigate and document your injuries. Bring your questions and let us help you understand what you may receive in compensation. Contact us today by phone or message to begin.

Additional Car Accident Resources:

10 Rights of Car Accident Victims in Florida

Florida Car Accident Economic Damages

How Much Is the Average Car Accident Settlement in Miami?

Sources:

¹FLA. STAT. § 627.737 (2020)

²FLA. STAT. § 768.81 (2020)

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