Drunk driving is a serious problem in the State of Florida. There were over 800 people who died in accidents caused by drivers that were under the influence, according to the National Highway Traffic Safety Administration (NHTSA) in the year 2018.
If you were involved in a drunk driving accident, then you are probably wondering about the length of time that you have to file a drunk driving accident lawsuit in the State of Florida. It is important that you seek legal advice as soon as possible following a drunk driving accident.
At The Law Place, we have over seventy-five years of collective experience when it comes to helping clients file drunk driving accident lawsuits throughout the State of Florida. Our law firm is ready to help you win the case, no matter what.
Contact The Law Place at (941) 444-4444 to schedule a free consultation today.
Statute of Limitations for Drunk Driving Accidents in Florida
You will only have four years from the date of the drunk driving accident to file a personal injury claim under the statute of limitations in the State of Florida. The statute of limitations changes from one state to the next.
However, you will only have two years from the date of a loved one dying in a drunk driving accident to file a wrongful death claim follow under the statute of limitations in the State of Florida. If you do not file your claim within the given time period, then your case will get rejected by the court.
It is always best to seek legal representation as soon as possible following an accident. A personal injury lawyer will need time to investigate your case, collect evidence and facts, deal with the relevant paperwork, negotiate with your insurance company, estimate the amount of compensation and file your personal injury claim.
Florida Statue 95.11 explains the statute of limitations.
The Duty of Care
If you were injured in a drunk driving accident, then your personal injury lawyer will need to prove that the at-fault driver breached their duty of care.
- Duty of care – The driver had a responsibility to operate their motor vehicle safely and follow the rules of the road.
- Breach – The driver breached their duty of care by failing to follow the rules of the road.
- Causation – The driver caused you to suffer injuries in an accident.
- Damages – You suffered damages as a result of the at-fault driver.
We’re here to serve you. Our phones are open 24 hours a day. Drunk Driving Conviction Penalties
If a driver was caught traveling under the influence of alcohol, then they will face the following penalties as stated in Florida Statute 316.193:
First DUI Conviction
- Pay a fine between $500 and $1,000.
- If the drunk driver’s blood or breath alcohol content (BAC) level was 0.15 or above, then they will have to pay a fine between $1,000 and $2,000.
- Spend up to 6 months in prison.
- If the drunk driver’s blood or breath alcohol content (BAC) level was 0.15 or above, then they will have to spend up to 9 months in prison.
- Impound or immobilize the motor vehicle for 10 days.
- Losing their driver’s license for 180 days to one year (without bodily injury).
- Losing their driver’s license for 3 years (with bodily injury).
Second DUI Conviction
- Pay a fine between $1,000 and $2,000.
- If the drunk driver’s blood or breath alcohol content (BAC) level was 0.15 or above, then they will have to pay a fine of up to $4,000.
- Spend up to 9 months in prison.
- If the drunk driver’s blood or breath alcohol content (BAC) level was 0.15 or above, then they will have to spend up to 12 months in prison.
- If the second DUI conviction happened within the past 5 years, then the motor vehicle will be impounded or immobilized for 30 days.
- Losing their driver’s license for 5 years.
Third DUI Conviction
- If the third conviction happened within 10 years of the second conviction, then the drunk driver will have to pay a fine between $2,000 and $5,000.
- If the drunk driver’s blood or breath alcohol content (BAC) level was 0.15 or above, then they will have to pay a fine up to $4,000.
- If the third conviction happened within 10 years of the second conviction, then the drunk driver will have to spend up to 30 days mandatory in prison.
- If the third conviction happened 10 years after the second conviction, then the drunk driver will have to spend up to 12 months in prison.
- If the third conviction happened within 10 years of the second conviction, then the motor vehicle will be impounded or immobilized for 90 days.
- If the third conviction happened within 10 years of the second conviction, then the drunk driver will lose their driver’s license for 10 years.
- If the third conviction happened 10 years after the second conviction, then the drunk driver will lose their driver’s license for 180 days.
Fourth DUI Conviction
- Pay a minimum of $2,000 in fines.
- If the drunk driver’s blood or breath alcohol content (BAC) level was 0.15 or above, then they will have to pay a fine of $4,000 minimum.
- Spend up to 5 years in prison.
- The mandatory permanent loss of their driver’s license.
We’re Florida’s top litigation team with over 75 years of combined experience What to Do After a Drunk Driving Accident
- Stay at the scene – You must stay at the scene of the drunk driving accident, even if you did not cause it. If you are in danger, then you should move to the side of the road.
- Check for injuries – If you or anyone else suffered an injury, then you should call for an ambulance immediately. However, if the drunk driver is aggressive, then you should stay in your car and call the police.
- Collect evidence – Try to collect evidence from the scene of the accident by taking photographs and videos of the location, property damage, road marks, motor vehicles, injuries, and more.
- Eyewitnesses – If there were people who saw the car accident, then you should collect their contact information (names, phone numbers, and other relevant details).
- Go to the doctor – It is imperative that you seek medical attention by going to the doctor following an accident. It is possible for the shock or adrenaline of a drunk driving accident to hide the signs of an injury.
- Hire a drunk driving accident lawyer – If you or someone you know were involved in a drunk driving accident, then you should seek the assistance of a drunk driving accident immediately. The Law Place priorities the attorney-client relationship above all else, and your case will be in safe hands with us. A drunk driving accident lawyer from our law firm will fight to recover the compensation that you deserve. Call our office to schedule a free consultation now.
From the initial call to updates on your case status, we are here to get you answers. Types of Injuries Sustained in Drunk Driving Accidents
- Broken bones – A person can suffer broken bones in a drunk driving accident.
- Burns – A person can suffer burns and permanent scars in a drunk driving accident.
- Soft tissue injuries – A person can suffer soft tissue injuries that include bruises, sprains, strains, and inflammation.
- Spinal injuries – A person can suffer spinal injuries that include herniated discs, bulging, and more.
- Traumatic brain injuries – A person can suffer a traumatic brain injury that includes symptoms like dizziness, headaches, speech impairment, sensory issues, loss of consciousness, and more.
Types of Compensation for Drunk Driving Accidents
If you were injured by a drunk driver in the State of Florida, then you will need to hire a drunk driving accident lawyer to help you recover the compensation that you deserve. A drunk driving accident lawyer will speak to your insurance company and the insurance company of the drunk driver in order to negotiate a reasonable settlement.
Economic Damages
- Medical bills – Past, present, and future medical bills, including surgery, doctor’s visits, hospitalization, rehabilitation, physical therapy, prescription medication, and more.
- Lost wages – A reduced earning capacity, loss of wages, and future lost earnings.
- Property damage – Costs to repair or replace your motor vehicle after it was damaged in the car accident.
Non-Economic Damages
- Pain and suffering – Physical pain, mental trauma, emotional anguish, and other forms of pain and suffering.
- Wrongful death – If you lost someone you love in a drunk driving accident, then you can file a wrongful death lawsuit (Florida Statute 768.21) to recover compensation for funeral costs, medical expenses, lost wages, property damage, pain and suffering, and more.
Contact The Law Place Today
If you were involved in a drunk driving accident, then you could be entitled to file a personal injury claim in the State of Florida. It is important that you have legal representation in order to protect yourself and your family following an accident.
At The Law Place, we have over seventy-five years of combined experience and knowledge in managing drunk driving accidents all over the State of Florida. Our team of personal injury lawyers will discuss the details of your case and figure out the best way to pursue the compensation that you deserve.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.
