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Florida DUI Accident Victims: Know Your Rights

September 29, 2020 | Category: DUI Accidents | Share

Drunk driving accidents can be major crashes that significantly impact your everyday life. Unfortunately, our Fort Myers accident lawyer knows that collisions that harm numerous individuals occur every day in Florida. Accidents of any kind can be dangerous, but drunk driving accidents are exceptionally serious for various reasons. From having to care for your injuries via hospitalization or constant doctor’s visits, to dealing with the trauma of the accident or having to miss work, drunk driving accidents can take a substantial toll on victims. Fortunately, there are several options to help you deal with your emotional and financial distress that an experienced accident attorney can help you access.

From taking advantage of Florida’s Crimes Compensation Act (formerly known as the Victim’s Compensation Fund) to filing a personal injury claim that allows you to seek monetary compensation for your physical and emotional damages, it’s important to know your rights as a drunk driving accident victim. Being aware of what’s available to you will make a difficult experience far more manageable in the long run.

Filing a Personal Injury Claim After a Drunk Driving Accident

All victims of drunk driving accidents are entitled to compensation for their damages, whether they relate to medical expenses, property damage, or their emotional well-being. Usually, personal injury claims will be demanded from the drivers’ insurance company, as all drivers in Florida are required to carry Personal Injury Protection (PIP) insurance coverage. PIP insurance will cover up to $10,000 of your medical expenses and lost wages but will not extend beyond that. For example, if you have suffered any emotional trauma or harm from the accident, the PIP coverage will not cover these losses.

Instead, you will need to speak with a Fort Myers accident lawyer who has experience handling these types of claims and can assist you in demanding that the insurance company cover your pain and suffering and additional losses. In most instances, your attorney will be able to claim far more than what would be covered under the drivers’ standard insurance policy.

Filing a Florida’s Crimes Compensation Act With the Help of a Fort Myers Accident Lawyer

Florida law allows drunk driving victims to seek additional financial compensation after a drunk driving crash through the Crimes Compensation Act. The fund was established to compensate DUI accident victims, as well as other types of victims. You are eligible to seek these funds in addition to your personal injury claim and insurance payout. The application requires you to meet certain requirements to be eligible, some of which are: 

  • You must have reported the crash within 72 hours after the accident
  • You must have suffered a physical injury
  • You must not have been engaged with illegal activity at the time of the incident
  • You must cooperate with law enforcement on any pending investigation

Because the application requires you to address these mandates, it is recommended that you work with a knowledgeable Fort Myers accident lawyer to complete this application process and retrieve the funds that you are due. While our firm does not handle the criminal aspects of a DUI accident, Attorney Randall L. Spivey at Spivey Law Firm, Personal Injury Attorneys, P.A. is prepared to help you determine how to best proceed with your personal injury case. Contact him online to discuss your situation.

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