Drunk Driving Accident Lawyer in Miami

Damages & Deadlines in Miami Drunk Driving Cases

Florida’s no-fault insurance system adds a layer of complexity to drunk driving accident claims. Drivers are required to carry only $10,000 in personal injury protection (PIP) and $10,000 in property damage liability coverage, and bodily injury liability coverage isn’t required for standard vehicle registration. PIP covers a portion of medical expenses and lost wages regardless of fault, but it doesn’t cover pain and suffering.

To pursue compensation beyond PIP, an injured person generally must demonstrate a “serious injury” under Florida Statute 627.737, which includes significant and permanent loss of an important bodily function, permanent injury, or significant and permanent scarring or disfigurement. When a drunk driver carries only minimum coverage, uninsured/underinsured motorist (UM/UIM) coverage can become an important source of recovery for the difference.

Compensatory & Punitive Damages

Florida law allows injured victims to pursue compensatory damages covering past and future medical expenses, lost wages or earning capacity, property damage, and pain and suffering. Drunk driving cases can also support punitive damages claims in some circumstances. Under Florida Statute 768.736, the standard caps that would otherwise apply under Florida Statute 768.73 don’t apply to a defendant who was impaired by alcohol or drugs at the time of the crash. Adding a punitive damages claim requires a reasonable evidentiary showing of gross negligence or intentional misconduct, proven at trial by clear and convincing evidence. In cases involving a fatality, surviving family members may pursue a wrongful death claim.

Filing Deadlines You Can’t Afford to Miss

Florida Statute 95.11 sets a two-year statute of limitations for most personal injury claims arising from car accidents that occurred on or after March 24, 2023. A wrongful death claim carries a separate two-year deadline running from the date of death, not the date of the crash. Claims from incidents before March 24, 2023 remain subject to the prior four-year period. Missing the deadline can eliminate the right to sue, so early action matters for both evidence preservation and legal options.

Florida’s modified comparative negligence rule under Florida Statute 768.81(6) is also worth understanding. A claimant found more than 50% at fault for their own injuries can’t recover damages. A claimant found 50% or less at fault can still recover, with the award reduced by their share of responsibility.