Recovering for Medical Bills after Being Hit by a Drunk Driver in Miami
With the holiday season and new year upon us, we will unfortunately notice a rise in drunk driving accidents. The National Highway Traffic Safety Administration has previously reported that on average, there are 36 fatalities every day in the United States that are attributed to drunk driving. During the Christmas holidays, there are 45 per day, and during the New Year holiday, there are 54 per day. Snowy, icy weather in many parts of the country, coupled with champagne toasts, eggnog, and other holiday beverages contribute to the high number of drunk driving accidents that are reported this time of year. In addition, longer periods of darkness in the winter create lower visibility, which also leads to many auto accidents. Miami personal injury attorneys help victims of drunk driving accidents recover monetary damages for the harm they have suffered.
What happens if you are seriously injured by a drunk driver?
In addition to criminal charges, civil claims may also be filed against the at fault driver. Injured parties may seek numerous types of damages from a drunk driver. With the assistance of a Miami drunk driving injury attorney, these victims may be able to recover for their medical bills, lost wages, pain and suffering, and in some cases punitive damages. For example, if you had to build a wheelchair ramp on your home while you recovered, you may be able to recover for the cost of this addition as well. Essentially, you may claim any and all damages that stem from a drunk driving accident in a civil suit.
A Thorough Investigation is important:
Not all injury facts are spelled out in an accident report:
First, your injury attorney will identify all sources of financial responsibility. This can be insurance policies, excess coverage, personal assets, even unknown third parties who may bear some legal responsibility. Every personal injury attorney knows how to contact an insurance company, but not all accident lawyers are the same. Maybe there was some over service of alcohol? Did a bar serve a habitual drunk? Is there a dram shop liability claim? These facts are not spelled out in the Florida’s Crash Report. Only an experienced injury lawyer in Miami, Florida like the attorneys at Gerson & Schwartz, PA know where to look for answers and more importantly, where to find them too.
Once all responsible parties are discovered, they may be attempts to negotiate an out of court settlement with some of the responsible parties like the drunk driver’s insurance company. However, in many cases the insurance company will not settle for a reasonable amount. So when that happens you need experienced lawyers who will file a lawsuit on your behalf. A personal injury attorney’s job is to protect your legal interests. An attorney will advise you to accept or reject any settlement offers that do not adequately compensate you for your losses.
After filing the lawsuit, the parties will enter the discovery phase. During the discovery phase, the parties will exchange evidence that supports the claims or defenses in the case. For example, victims may want eyewitness statements and blood test results that show the driver was impaired. The at fault driver may request the victim’s medical records to try to show that the victim’s injuries were not necessarily linked to the accident. This process may go on for several months. Eventually, the parties will agree to settle their claims; if not, they must go to trial.
Contact our injury attorneys today to evaluate your claim
At Gerson & Schwartz, P.A., our injury attorneys take drunk driving cases seriously. We provide aggressive, compassionate representation to our injured clients. To schedule a free consultation to discuss your potential claim and your legal options, call 877-475-2905 or visit injuryattorneyfla.com today.