Justice After Tragedy: Wrongful Death Due to Drunk Driving in Florida

The devastating consequences of wrongful death due to drunk driving in Florida can leave families shattered, seeking justice and accountability. At Paul | Knopf | Bigger, we understand the profound pain and loss that accompanies such tragedies. Our commitment is to ensure that victims’ families receive the compensation they deserve while holding negligent parties responsible. Call us now at (800) 434-4327.

Wrongful Death Due to Drunk Driving in Florida

Drunk driving is one of the leading causes of fatal car accidents in Florida. When a driver makes the reckless choice to operate a vehicle under the influence of alcohol, they jeopardize the lives of everyone on the road. Tragically, many of these accidents result in the loss of innocent lives, leaving families to deal with emotional trauma and financial strain.

In Florida, wrongful death claims provide surviving family members the opportunity to seek compensation for their loss. These claims serve as both a means of financial support and a way to ensure accountability for the negligent behavior of drunk drivers.

Who Can File a Wrongful Death Claim in Florida?

Under Florida law, wrongful death claims can only be filed by the personal representative of the deceased’s estate on behalf of eligible survivors. Survivors typically include:

• The deceased’s spouse.
• Children, including adult children.
• Parents of the deceased.
• Blood relatives or adoptive siblings who depended on the deceased for support.

Each case is unique, and the specific circumstances will determine eligibility. Consulting with experienced attorneys like those at Paul | Knopf | Bigger ensures that your claim is filed correctly and within Florida’s statute of limitations, which is typically two years from the date of death.

Damages Recoverable in Wrongful Death Claims Due to Drunk Driving in Florida

The financial impact of losing a loved one can be overwhelming. Florida law allows survivors to recover various types of damages in wrongful death cases, including:

Economic Damages

• Medical expenses incurred prior to the deceased’s passing.
• Funeral and burial costs.
• Loss of income and financial support.
• Loss of benefits such as health insurance or retirement contributions.

Non-Economic Damages

• Pain and suffering endured by the surviving family members.
• Loss of companionship, guidance, and emotional support.
• Mental anguish caused by the wrongful death.

Punitive Damages

In cases involving drunk driving, courts may award punitive damages to punish the negligent driver and deter similar behavior in the future. These damages emphasize the gravity of the misconduct and underscore society’s intolerance for reckless actions.

How Drunk Driving Laws in Florida Impact Wrongful Death Claims

Florida’s strict DUI laws aim to reduce drunk driving incidents. A blood alcohol concentration (BAC) of 0.08% or higher is considered legally impaired, and stricter limits apply to drivers under 21 or those operating commercial vehicles. Convictions for DUI often strengthen wrongful death claims by providing clear evidence of negligence.

Our legal team at Paul | Knopf | Bigger leverages DUI convictions, police reports, witness testimonies, and expert accident reconstructions to build compelling cases for our clients. We are relentless in our pursuit of justice and ensure that no detail is overlooked.

How Florida’s Comparative Negligence Law Affects Wrongful Death Claims

Understanding Florida’s comparative negligence law is essential when pursuing a wrongful death claim due to drunk driving. Florida follows a pure comparative negligence rule, which means that even if the deceased is found partially at fault for the accident, the surviving family can still recover damages. However, the total compensation is reduced by the percentage of fault attributed to the deceased.

Example of Comparative Negligence in Action

Imagine a drunk driver runs a red light and crashes into a car, resulting in a fatal accident. However, evidence reveals that the deceased was speeding at the time of the collision. If the court determines that the deceased was 20% at fault and the drunk driver 80% at fault, the family can still recover 80% of the total damages awarded.

Why This Matters in Wrongful Death Claims

• Partial Fault Doesn’t Eliminate Recovery
  Families can still seek justice and financial compensation even if the deceased had some degree of fault in the accident.
• Importance of Strong Legal Advocacy
  Experienced attorneys like those at Paul | Knopf | Bigger are skilled at minimizing any claims of contributory fault and ensuring that negligent drunk drivers are held accountable for their actions.

How to Maximize Your Claim

To build a robust case, it’s critical to present compelling evidence that demonstrates the drunk driver’s primary responsibility for the accident. This may include:

• Police reports indicating impairment.
• Blood alcohol concentration (BAC) test results.
• Witness statements and accident reconstruction analysis.

If you have questions about how comparative negligence might affect your case, Paul | Knopf | Bigger can provide clear guidance tailored to your unique circumstances. Complete our free case evaluation form or call us at (800) 434-4327 to discuss your options.

The Importance of Choosing the Right Legal Representation

Wrongful death cases involving drunk driving are complex, requiring a thorough understanding of Florida law and a meticulous approach to evidence gathering. By partnering with Paul | Knopf | Bigger, you gain access to a team of skilled attorneys with decades of experience handling catastrophic injury and wrongful death claims.

We take pride in our ability to secure substantial compensation for our clients by:

• Conducting comprehensive investigations.
• Negotiating aggressively with insurance companies.
• Preparing each case for trial to achieve the best possible outcome.

Steps to Take After a Wrongful Death Due to Drunk Driving in Florida

If your family has suffered the unimaginable loss of a loved one due to a drunk driving accident, taking prompt action is crucial to protecting your rights. Here are essential steps to follow:

1. Contact Law Enforcement
   Ensure that the accident is reported and a formal police report is filed.
2. Preserve Evidence
   Gather any available evidence, including photographs, witness contact information, and details about the driver’s impairment.
3. Seek Legal Counsel
   Engage an experienced wrongful death attorney to guide you through the legal process and ensure your claim is filed correctly.
4. Avoid Settling Too Quickly
   Insurance companies often attempt to minimize payouts. Consult with your attorney before accepting any settlement offers.
5. File Your Claim Promptly
   Florida’s statute of limitations imposes a strict deadline for filing wrongful death claims, so act quickly to preserve your rights.

Why Families Trust Paul | Knopf | Bigger

At Paul | Knopf | Bigger, we approach each case with compassion, dedication, and an unwavering commitment to justice. Our team understands the unique challenges of pursuing wrongful death claims due to drunk driving in Florida, and we are here to support you every step of the way.

We believe that holding drunk drivers accountable not only provides closure for grieving families but also helps create safer roads for everyone. Our proven track record of success demonstrates our ability to secure justice for victims and their loved ones.

Take the First Step Toward Justice Today

If your family is grappling with the loss of a loved one due to a drunk driving accident, you don’t have to face this journey alone. Let Paul | Knopf | Bigger guide you through the legal process and fight for the justice and compensation you deserve.

Complete our free case evaluation form today or call us at (800) 434-4327. Your case matters, and we are ready to stand by your side.

Sources:

• National Highway Traffic Safety Administration (NHTSA)
  The NHTSA provides extensive data on drunk driving fatalities, prevention efforts, and the impact of impaired driving nationwide.
  https://www.nhtsa.gov/risky-driving/drunk-driving
• Centers for Disease Control and Prevention (CDC) – Impaired Driving
  The CDC offers insights into the prevalence of impaired driving, its consequences, and strategies for prevention.
  https://www.cdc.gov/transportationsafety/impaired_driving/index.html
• Florida Department of Highway Safety and Motor Vehicles (FLHSMV)
  The FLHSMV publishes annual reports and statistics related to traffic accidents, including those involving alcohol-impaired driving in Florida.
  https://www.flhsmv.gov/safety-center/driving-safety/impaired-driving/