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How Victim Compensation is Calculated in a Jacksonville, FL DUI Accident

DUI_Accident

When an individual is injured in a Jacksonville DUI car accident, their compensation for their injuries is calculated slightly differently than it would be in a typical Florida car accident. Depending on the severity and the nature of the victim’s injuries, and on the exact circumstances surrounding the accident, the outcome of DUI car accident claim is dependent on the following factors:

The Impaired Driver’s Degree of Fault

When a driver is convicted of driving under the influence at the time of an accident, most Florida courts will accept the conviction as proof, or negligence per se, of the driver’s liability. However, a finding of negligence is not the end of the road in the victim’s quest for recovery. Under Florida’s pure comparative negligence law, a victim can share in the fault for the DUI accident. If it is determined that the victim’s own actions were partially responsible for the accident, his or her compensation will be reduced by the amount of fault that a judge or jury attributed to him or her.

The Need for Long-Term Medical Care

If a victim sustains a disability in the DUI accident, or if the accident starts off a chain of chronic injuries, medical expenses can become outstanding. If the drunk driver is found liable for the victim’s injuries, the victim may be entitled to ongoing compensation to cover the cost of medical expenses, both past and future.

Dram Shop Laws

In Florida, a drunk driver may not be the only person who can be held liable for an accident and any injuries that arise from it. Under Florida’s Dram Shop Laws, an establishment may be held accountable for the defendant’s intoxicated state at the time of the accident. For instance, if a bar over served a patron, and then allowed him or her to leave, they may be held partially responsible for any accidents that the over served patron caused. This is still true even if the establishment employees were unaware of the defendant’s intentions to drive.

Wrongful Death

If a DUI accident leads to a fatality, the amount of compensation the victim’s family will receive greatly increases, especially if the victim was the family’s primary wage earner. If a wrongful death conviction is made, the family can expect to receive compensation for loss of income, past medical expenses, pain and suffering, and loss of companionship.

Injuries That Prevent the Victim From Working

If the victim’s injuries prevent them from working, whether for a short or long period of time, they may be entitled to lost wages. Additionally, if the DUI accident resulted in long-term injuries that greatly reduced the victim’s earning capacity, the victim may be entitled to compensation that accounts for the reduction in income.

Consult a Jacksonville Personal Injury Lawyer

If you were involved in a DUI car accident in which you sustained serious, life altering injuries, you are legally entitled to compensation to make up for those damages. At The Pendas Law Firm, our Jacksonville personal injury lawyers can help you prove fault and maximize your recovery from the accident. To consult with one of our DUI car accident lawyers, call 1-844-200-0000 today.

The Pendas Law Firm also serves clients in the Miami, Fort Lauderdale, Tampa, Fort Myers, West Palm Beach, Daytona, Bradenton, and Orlando areas.

Resources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.125.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

Read What Others Have To Say About Us

  • “I can’t express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn’t ask for a better law firm. Daniel fought for me til the end and got me what I deserved. Thanks Daniel and your team for always being there to answer any of my questions. If I ever need a law firm again...”

    Terry Mcphillips
  • “Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings…Pendas was a pleasant & more personal approach instead of...”

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  • “Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world I don’t know what I would do if I could not have got a hold of him...”

    Luis Sanchez
  • “Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!”

    Enilno Resu
  • “I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job. Thanks to them I got a great deal. I am glad I decided to use their services...”

    Israel Garcia
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.”

    Ian Brito
  • “Very Professional law firm. They explained to you every detail what to do according to the laws (worker’s compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!”

    Lau Rod