Miami Car accidents which involve drunk driving are considered to be a civil lawsuit in the state of Florida. Specifically, in Miami, the drunk driver, may be held responsible for criminal charges which include fines and quite possibly face jail time. As a victim of the accident, you can file a lawsuit. Often this is the best approach to obtain financial compensation for your losses.
The two components to a drunk driving accident in Miami is the criminal and civil. Yes, drunk drivers could face criminal prosecution to prevent the accident from happening to the public again. However, the injuries that you suffered from the accident is civil; this also applies to a wrongful death which can be submitted by the family of the individual who died in the accident. Normally, these civil lawsuits will pay for medical bills, lost wages and any pain and suffering.
Miami, Florida is a No-Fault Law & Civil Lawsuit
The state of Florida is a No-fault state which can have an impact when filling a lawsuit vs. the drunk driver. No fault essentially means you are entitled to pay your damages such as medical bills. There are certain limits to what your insurance company covers, by law your car insurance company must cover those costs. In court, no fault is commonly contested depending on the type of car accident. Meaning even though you had no wrongdoing in the accident there is a limit as to how much you can obtain in compensation based on your insurance policy. Laws change from a state, but in Florida, it can be difficult to obtain the compensation you need.
Most of the other states are pure negligence
In the case of pure negligence, you are allowed to sue the drunk driver. If you have sustained damages from an accident all you would need to do is prove who is at fault in the accident. It is easier to file a lawsuit but defense lawyers, and insurance companies have made it their goals to prevent such cases from ever happening.
What happens if someone died because of a drunk driver
If someone in your family has died because of the negligence of a drunk driver, you could be eligible to file the lawsuit on their behalf. This method of civil lawsuits is commonly referred to as a wrongful death suit. A wrongful death lawsuit is a personal injury claim. Most of the time the court will compensate the family member of the person who is deceased, the insurance company will pay for the damages, as well as future loss wages.
Speak to a drunk driving accident lawyer
This blog post can give you an idea more or less about the laws involved with a drunk driving civil lawsuit. It is always important to seek out the help of a Miami personal injury lawyer to help guide towards the proper direction in filing a civil lawsuit against the party guilty of negligent behavior.
