After being made the victim of an auto accident, it may be frustrating to realize that it would have likely been avoidable if the other driver was not under the influence of alcohol. You should not have to rely on your Personal Injury Protection (PIP) insurance alone to cover the costs of your immediate injuries and damages. Instead, please continue reading to learn whether you have grounds to file a personal injury claim against a drunk driver and how an experienced Tampa drunk driving accident lawyer at Merricks Law Group, P.A. can help you attain justice over the matter.
Can I file a personal injury claim against a drunk driver?
It may be pretty straightforward to establish a drunk driver’s negligence in your auto accident event if you call on a law enforcement officer who conducts a breathalyzer test at the scene. This breathalyzer test may show in black and white that their blood-alcohol content (BAC) level was well above the legal limit of 0.08 percent. Therefore, this may be your first piece of evidence necessary to file a personal injury claim against them.
However, you must not forget about Florida’s dram shop laws. These laws hold that an establishment (i.e., restaurant, tavern, bar, etc). might be held liable for a drunk driving accident if they knowingly served their patron who was younger than the legal drinking age of 21 or who has a known addiction to any or all alcoholic beverages. So, if a drunk driver admits that they were leaving such an establishment at the time of your accident event, you may direct your legal action toward them as well.
Can I file a wrongful death claim on behalf of my loved one?
Most unfortunately, you may instead find yourself in a position where you are mourning the loss of a loved one whose life was ended in a drunk driving accident event. This may make you want to fight on their behalf and file a wrongful death claim against the negligent drunk driver or establishment. Of note, you may be eligible to pursue this type of legal claim in Florida if you share any of the following relationships with the decedent:
- You are the surviving spouse/personal representative of the decedent’s estate.
- The decedent did not have a surviving spouse, so their heirs appointed you as the personal representative.
- The decedent’s heirs could not agree, so the court appointed you as the personal representative.
From here, you may seek to recuperate the following damages that you incurred from the loss of your loved one:
- Your loved one’s funeral and burial expenses.
- Your loved one’s medical expenses from when they were still alive.
- Your loss of financial support your loved one would have provided if they were still alive.
- Your loss of companionship your loved one provided when they were still alive.
If you need recovery urgently, please do not miss another opportunity to schedule an initial consultation with a skilled Tampa wrongful death lawyer from Merricks Law Group, P.A. Contact our firm today.
