New Year’s Eve is a drinking holiday. Unfortunately, many times people who have been drinking get behind the wheel. Many get home safely, but some cause significant accidents. If you were hit by one of these drunk drivers, you have legal options in the state of Florida. Driving under the influence is illegal, so the other driver is automatically at fault for the accident. Here are your next steps after being hit by a drunk driver.
Seek Medical Attention
Anytime you’ve been in an accident, you need to see a doctor. Even if it doesn’t seem like you have any symptoms. Many life-threatening injuries like traumatic brain injury, spinal injuries, and internal bleeding have a delayed onset of symptoms. Meaning symptoms may not appear until hours, weeks, and months later. If you’ve already seen a medical professional, stick to their recommendations. It is important that you follow their advice for your health and for your claim.
Collect Your Important Documents
We always recommend that accident injury victims start a file folder. In it, you will keep all the documents related to the accident. Things we recommend keeping include:
● The police report
● Any insurance paperwork
● Medical documentation
● Any bills associated with the accident
● Proof of lost income
● Any pictures or other evidence from the accident
Having all of these documents put together will help you through the claims process.
Filing A Claim
After a drunk driving accident, you will need to file a claim. This will be done through your insurance company. Each insurance company has a different claims process. However, you will be assigned a claims adjuster to walk you through the process. However, when working with a claims adjuster knows they are not your friend. This can be a challenge because most claims adjusters are good people and so they earn your trust. However, they work for and represent the interests of the insurance companies. Insurance companies only care about making a profit. Paying claims does not make a profit. So be vigilant when speaking with them. Stick to the facts.
Speak With An Attorney
Drunk driving claims are legally complex because there is an intersection of criminal and civil law. A skilled auto accident attorney understands how those laws intersect. They will help navigate these complexities to collect evidence, determine a settlement figure, and fight to protect your rights. The best part about working with an attorney is they take everything off your plate. They’ll handle all the communication, documentation, and legal proceedings for you. That way you can focus on what’s important, rest, recovery, and getting back on your feet.
Understanding Punitive Damages
In cases of gross negligence, accident victims can qualify for punitive damages. Drunk driving is extremely dangerous and risky behavior. Punitive damages are designed as a civil punishment for actively putting other people’s lives at risk. Punitive damages in Florida are capped at $500,000, but victims can still receive a fair amount of compensation. Punitive damages are also very legally complex in Florida. So it is very important that you work with a skilled attorney who can advise whether or not you qualify for punitive damages and determine the amount that you are legally owed.
Getting hit by a drunk driver is never a good thing. It is especially difficult if you are now dealing with injuries, lost income, and vehicle damage. The team at Justice Pays can help. We’ve represented hundreds of Southwest Florida drunk driving accident victims just like you. We know the law inside and out and will fight to make sure that you get the full amount of damages you are owed. Call us today at 1-833-954-1234 or chat with us on our website. We’ll provide a free case review, go over your legal options, and answer any questions.