Drunk driving remains a huge problem. Despite decades of focused public education on its dangers, drunk driving car accidents in Kissimmee that cause severe injuries and death are common.
If you suffered permanent injuries in a drunk driving accident or your loved one was killed by a drunk driver, you can pursue accountability and compensation through the civil court system. Reach out to the compassionate motor vehicle collision attorneys at Colling Gilbert Wright—The Florida Firm. We are the law firm other lawyers and professionals turn to when they need representation in an injury case.
Drunk Drivers Cause Severe Injuries
Drunk driving accidents may cause more severe injuries than other wrecks because they often happen at higher speeds. Intoxicated drivers are more likely to speed, and they have slower response times. A sober driver might manage to slow their vehicle somewhat before a collision, when a drunk driver could not.
People who survive wrecks with drunk drivers are often left with debilitating injuries. Our Kissimmee attorneys work with survivors of drunk driving auto crashes who suffer from conditions like:
- Disfiguring scars
- Complex fractures that cause chronic pain and diminished strength or function
- Amputations
- Internal injuries that permanently impact bodily processes
- Head injuries causing cognitive impairment or mood disorders
- Spinal cord injuries that lead to partial or total paralysis
Drunk driving crashes also often cause significant psychological trauma that may have lingering impacts on your ability to function as you did before the incident.
Besides providing you with excellent legal representation, our staff is available to support you throughout your recovery. We can ensure you get the medical and rehabilitative care you need, negotiate payment plans with your creditors and healthcare providers, and help you apply for disability and other benefits.
How Do Civil Claims Work in Criminal Cases?
If a drunk driver caused an accident, they were likely arrested. The outcome of the criminal case may result in punishment for the driver, but it does not do anything to help you. A civil lawsuit is an opportunity for you to hold the driver accountable for the harm they caused and obtain financial compensation for your losses.
The criminal case against the driver has little impact on the civil case. The fact that the driver was arrested for drunk driving is evidence of their negligence. Even if they were acquitted of drunk driving, the charge was dismissed, or they pled guilty to another charge, our Kissimmee car wreck lawyers can still pursue a civil claim for money damages.
Your compensatory damages include all the medical and incidental expenses that your PIP did not cover, and any future medical expenses related to your injury. The drunk driver is responsible for your loss of income to date and your diminished future earning capacity. You can also claim compensation for the changes in your lifestyle since the accident.
Punitive Damages May Be Possible
You are entitled to compensation when you can prove that a drunk driver’s negligence caused your injuries. When you have clear proof that the driver acted intentionally or with conscious disregard for your safety, Florida Statutes § 768.72 allows you to pursue punitive damages. Punitive damages are not awarded automatically; you must ask for them and prove you are entitled to them.
Most issues in civil cases, such as a defendant’s negligence, are resolved by analyzing whether something is more likely than not. Punitive damages require plaintiffs to meet a higher standard: you must prove by clear and convincing evidence that the drunk driver intended to cause harm or acted with disregard for others’ safety.
Our Kissimmee attorneys will review the evidence in a drunk driving car wreck case to determine whether it is sufficient to justify punitive damages. If so, and depending on other factors, we might recommend taking a case to trial so we can seek punitive damages. Alternatively, we could use the credible threat of punitive damages as a negotiating tactic to induce the drunk driver’s insurance company to offer a more generous settlement.
Consult a Lawyer If You Were Injured By a Drunk Driver in Kissimmee
When an irresponsible person drinks, drives, and causes an accident that injures you, they should be held accountable. They may face criminal consequences, but they should also compensate you for your losses.
At The Florida Firm, we have an excellent track record of obtaining sizable verdicts and settlements for people injured in drunk driving accidents in Kissimmee. There is no charge unless we are successful, so reach out to schedule a no-risk consultation today.