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How Victim Compensation is Calculated in a Jacksonville, FL DUI Accident


When an individual is injured in a Jacksonville DUI car accident, their compensation for their injuries is calculated slightly differently than it would be in a typical Florida car accident. Depending on the severity and the nature of the victim’s injuries, and on the exact circumstances surrounding the accident, the outcome of DUI car accident claim is dependent on the following factors:

The Impaired Driver’s Degree of Fault

When a driver is convicted of driving under the influence at the time of an accident, most Florida courts will accept the conviction as proof, or negligence per se, of the driver’s liability. However, a finding of negligence is not the end of the road in the victim’s quest for recovery. Under Florida’s pure comparative negligence law, a victim can share in the fault for the DUI accident. If it is determined that the victim’s own actions were partially responsible for the accident, his or her compensation will be reduced by the amount of fault that a judge or jury attributed to him or her.

The Need for Long-Term Medical Care

If a victim sustains a disability in the DUI accident, or if the accident starts off a chain of chronic injuries, medical expenses can become outstanding. If the drunk driver is found liable for the victim’s injuries, the victim may be entitled to ongoing compensation to cover the cost of medical expenses, both past and future.

Dram Shop Laws

In Florida, a drunk driver may not be the only person who can be held liable for an accident and any injuries that arise from it. Under Florida’s Dram Shop Laws, an establishment may be held accountable for the defendant’s intoxicated state at the time of the accident. For instance, if a bar over served a patron, and then allowed him or her to leave, they may be held partially responsible for any accidents that the over served patron caused. This is still true even if the establishment employees were unaware of the defendant’s intentions to drive.

Wrongful Death

If a DUI accident leads to a fatality, the amount of compensation the victim’s family will receive greatly increases, especially if the victim was the family’s primary wage earner. If a wrongful death conviction is made, the family can expect to receive compensation for loss of income, past medical expenses, pain and suffering, and loss of companionship.

Injuries That Prevent the Victim From Working

If the victim’s injuries prevent them from working, whether for a short or long period of time, they may be entitled to lost wages. Additionally, if the DUI accident resulted in long-term injuries that greatly reduced the victim’s earning capacity, the victim may be entitled to compensation that accounts for the reduction in income.

Consult a Jacksonville Personal Injury Lawyer

If you were involved in a DUI car accident in which you sustained serious, life altering injuries, you are legally entitled to compensation to make up for those damages. At The Pendas Law Firm, our Jacksonville personal injury lawyers can help you prove fault and maximize your recovery from the accident. To consult with one of our DUI car accident lawyers, call 1-888-LPENDAS today.

The Pendas Law Firm also serves clients in the Miami, Fort Lauderdale, Tampa, Fort Myers, West Palm Beach, Daytona, Bradenton, and Orlando areas.




Read What Others Have To Say About Us

  • “I'm very happy with this firm... Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case. I recommend them 100%...” - Jacksonville -

    Maria Pastor
  • “This law firm is amazing. I love how they always try to stay/keep in contact with you. It shows that they really care and want everything taken care of correctly, Thank You!...” - Orlando -

    Shantelle Blackwell
  • “I'm very thankful for all the attention of all the Pendas staff that took care of my case and helped me through the process, thanks for your patience, collaboration and comprehension!...” - Tampa -

    Carlos Guadalupe
  • “The Pendas Law Firm was amazing! They are very kind, professional, and hard-working! They always kept me informed. Larry Trias was great to work with! I always recommend Pendas to family and friends. Thank you for helping me with my case!” - Fort Myers -

    Heather Pepper
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Their staff speaks Spanish and you feel like family.” - Orlando -

    Ian Brito
  • “I would definitely recommend this firm. The staff really helps you and they actually show you that they care, especially Siomara Roldan. She has been a great help for my family and myself, she is always helpful with any questions.” - Tampa -

    Wilmer D Santana Rodriguez
  • “Pendas is the best! The paralegals are very attentive to your case, knowledgeable, and communicative! The attorney also won’t just be there the day of your sign up, but all throughout the process as needed. I truly recommend Pendas!” - Orlando -

    Ben Fitzgerald