Some people think that, just because they were hit by a drunk driver, they’ll wall away with a million dollars. The truth is that you can only receive damages for losses you actually suffered. Furthermore, your accident attorney in Hollywood has to prove fault no matter how obvious you think it is that the defendant caused the DUI accident.
You’ll Only Receive Damages if Your Hollywood Accident Lawyer Can Prove Fault
To win compensation in a DUI accident lawsuit, your Hollywood car wreck lawyer must show that the other driver was negligent. Your attorney needs to demonstrate the following four things to prove fault.
The other driver owed you a duty of care. This won’t be hard to prove. All drivers owe a certain duty of care to other motorists. At a minimum, they must abide by the local traffic laws.
The defendant breached their duty of care. Your lawyer must show that the defendant didn’t behave the way a reasonable person would have given the circumstances. If they were driving drunk, they were not obviously breaching their duty of care.
You must show that you were hurt. It isn’t enough that you were in a drunk driving accident. You also have to show that you suffered some sort of loss. This is usually done by proving that you suffered a physical injury.
You must show that your injuries were caused by the defendant’s breach of duty. You have to demonstrate that the other driver being drunk is what caused the crash. For example, if you were speeding and smashed into the back of the other driver’s car, it may not matter that they were drunk.
It Should Be Easier to Prove Fault in a DUI Accident
It is true that it will be easier for your Hollywood car accident lawyer to prove that the drunk driver was at fault. Any judge or jury is going to look at the other driver and think that they were in the wrong.
Unless you did something egregious, it shouldn’t be that hard to prove fault. Once you do this, your personal injury attorney can move on to proving your damages.
Your Accident Lawyer Can Submit Proof of a DUI Conviction Into Evidence
If the defendant was convicted of DUI, your car accident attorney in Hollywood will submit this into evidence. This will go a long way toward proving negligence. Of course, you’ll still have to show that the other driver caused the accident.
Your lawyer will treat your case like any other car accident lawsuit. They won’t take anything for granted. This is because you can never assume anything when it comes to personal injury.
What Damages Can Your Accident Attorney in Hollywood Demand?
The main reason you hire a Hollywood car accident lawyer is that you want to be compensated for your injuries. If the other driver hurt you, then you’ll be the one with medical bills. You’ll also be the one who will have to pay to fix or replace your vehicle. And you’re the one who will experience the pain and suffering.
Depending on the specific facts surrounding your drunk driving accident case, your personal injury lawyer will demand some or all of the following:
- Medical bills
- Future medical bills
- Lost wages
- Lost future income
- Pain and suffering
- Punitive damages
You’ll notice that we included punitive damages in this list. According to Florida Statute §768.72, these damages are only awarded in cases where the defendant’s behavior is reckless or wanton. Drunk driving typically satisfies this requirement.
The Insurance Company Should Be Eager to Settle if Their Client Was Driving Under the Influence
If the defendant was convicted of DUI, the insurance company may be eager to settle. They know that there’s a good chance that they’ll lose in court. If that happens, they’ll have to pay a lot more than if they settle.
You may wonder why the insurance company would deny your claim if the other driver was drunk. There’s a good chance the defendant hadn’t been convicted of DUI when you first submitted your claim. That can take several months.
Reach Out to Our Hollywood Car Accident Lawyers Right Away
Drunk driving accidents tend to leave victims seriously injured. You shouldn’t have to pay for medical bills and other losses when a drunk driver caused your crash. An experienced Hollywood accident lawyer can help you get the compensation you deserve.
We suggest you call our office at 954-915-7405 and schedule your free case review. Take advantage of the opportunity to talk with a skilled car accident lawyer and find out what your case may be worth.
