New Port Richey Drunk Driving Accident Lawyer

Establishing Liability in a Drunk Driving Accident in New Port Richey, Florida

When it comes time to take legal recourse for your accident caused by a drunk driver, there comes the task of filing a claim against the at-fault party. This claim will hold them liable, which means you must provide adequate proof their negligence directly caused your accident. Liability is established through the four components of negligence, which in relation to a drunk driving accident include: 

• Duty of care: It is expected that all drivers follow the legal rules of the road, which includes not operating a motor vehicle while under the influence of drugs or alcohol. 
• Breach of care: When a Florida driver attempts to get behind the wheel with a blood alcohol concentration level of 0.08% or higher, this is considered a direct breach of care. 
• Causation or link: Drunk drivers have impaired senses and decision-making, leaving their fellow drivers at extreme risk of an accident. 
• Resulting damages: When the accident is a direct result of the drunk driving, the drunk driver may be found liable for their actions. 

Florida takes drunk driving very seriously, and in addition to being liable for your accident, the at-fault party can be found guilty for their actions. If you are in need of an experienced drunk driving accident lawyer in New Port Richey today, contact us for a free consultation.

Injured From An Accident? Call Our Experienced Attorneys

(727) 848-8892

Free Consultation • Call Now

Who May Be Liable for a New Port Richey Drunk Driving Accident?

If you have suffered injuries in a car accident, you may assume the drunk driver is the only party responsible. However, there may be other parties who should be held accountable. According to Florida's dram shop laws, other parties and establishments may be liable for a drunk driving accident, including the following:

• Bars, restaurants, nightclubs, and other establishments that serve alcoholic beverages
• Social hosts who knowingly serve alcohol to underage individuals
• Establishments that purposefully serve overly intoxicated people

Therefore, if the drunk driver who caused the accident was a minor or was overserved, the establishment or host who served them may also be responsible for your injuries and damages. At McPherson & Thomas, P.A., we understand every case is different, so we can help you determine if Florida's dram shop laws apply to your case and your legal options moving forward.

What Damages Can You Recover After a Florida Drunk Driving Accident?

Injuries from a drunk driving accident can take a physical, emotional, and financial toll on your life, which may leave you worried about paying for bills and other costs associated with your injuries. With the help of our trusted lawyers, you have the best chance of receiving maximum compensation for your losses. 

We consider every detail when calculating your claim's worth, so depending on the severity of your injuries and the specific details of your case, you may recover the following damages:

• Past, present, and future medical expenses
• Lost wages from missed work
• Loss of earning capacity
• Ambulance ride
• Surgery costs
• Funeral and burial costs
• Caregiving services
• Home modifications
• Pain and suffering
• Mental anguish
• Disability and disfigurement
• Loss of consortium 
• Reduced quality of life

You may also recover punitive damages if the liable party's actions are deemed egregiously negligent, reckless, or indifferent to the safety of others. These damages serve as a punishment for the at-fault party to deter them from the same behavior in the future. Florida law places a cap on punitive damages of three times the amount of compensatory damages or $500,000, whichever is great. We may help you attain these damages by building a strong claim.

What to Do if a New Port Richey Drunk Driving Accident Results in Wrongful Death

Losing a loved one in a drunk driving accident is devastating and something no family should experience. You may feel frustrated and heartbroken but unsure how to seek the justice you and your loved one deserve. At McPherson & Thomas, P.A., we understand money won't bring your loved one back, but we fight tirelessly to secure maximum compensation and hold the liable party accountable for their careless actions by filing a wrongful death claim.

Who Can File?

According to Florida's Wrongful Death Act, only the personal representative of the decedent's estate can file a wrongful death claim. This person may be chosen in your loved one's lifetime or named in their will or estate plan. If there is no named personal representative, one may be appointed. If you are the personal representative of your loved one's estate, we are here to help you file a wrongful death claim and secure compensation for beneficiaries.

Who Can Collect Damages?

While the personal representative of the estate files the wrongful death claim, any compensation goes to the drunk driving accident victim's estate to be distributed to survivors and dependents, who are also known as beneficiaries. In Florida, only the following relatives are considered beneficiaries:

• The surviving spouse
• Surviving children
• The victim's parents
• Dependant family members
• Children of unmarried parents 

If a child's unmarried father was lost in a drunk driving accident, they may only recover damages if their father formally recognized them as his own child or had an obligation for child support. We understand Florida's wrongful death laws can be confusing, so we are here to help you better understand your rights after tragically losing a loved one in a drunk driving accident and focus on what matters most.

How a Drunk Driving Accident Lawyer in New Port Richey Can Help

Trying to handle the aftermath of your auto collision personal injury accident alone can result in a low settlement or even a dismissed claim. When you partner with a dedicated New Port Richey drunk driving accident attorney, you are partnering with someone who will help with the following while you focus on recovering from your injuries:

Collect Evidence

To properly establish liability, you will need evidence. Your drunk driving accident attorney in New Port Richey will immediately begin an investigation into the circumstances surrounding your claim, including the gathering and assessing of any relevant evidence. For a drunk driving accident, this can include traffic camera footage, eyewitness accounts, photos of the aftermath, extensive medical records, BAC test results, police records, and more. 

This evidence will be used to demonstrate to the court that if the at-fault party had not been driving while drunk, you would not have sustained your injuries and be in the situation you are currently in. 

File Your Claim

Filing a claim on your own can result in a low settlement or even a dismissed claim due to a missed deadline. The current statute of limitations in Florida is two years, which means you have exactly two years from the date of the drunk driving accident to file all of the proper documentation. Drunk driving accidents can vary in severity, possibly leaving the victim with an injury that takes months and months to heal from. 

While two years may feel like a long time, it is unfortunately not uncommon for those without the assistance of an attorney to miss the deadline and miss their opportunity to recover adequate damages for their losses. 

Reevaluate Low Settlement

Low settlements are a common result of someone filing a claim without the professional assistance of a knowledgeable New Port Richey drunk driving accident lawyer. It’s important to remember that the insurance companies are not your friends and are not there to provide you with compensation to fully and accurately cover the entire cost of your losses. 

Our New Port Richey drunk driving accident lawyers can help you file for reevaluation and fight any low settlement offers. Often, the offer is a result of not including all of the necessary documentation highlighting the actual cost of your injuries. Detailed medical records are required, as well as a working knowledge of how much your future care will cost. 

Consult a Knowledgeable New Port Richey Drunk Driving Accident Attorney Today

Drunk driving is a serious offense and should be treated as such. When you have fallen victim to the negligence of another New Port Richey driver, don’t take your chances and partner with a qualified and compassionate law firm like McPherson & Thomas, P.A. today. Our New Port Richey drunk driving accident attorneys are here to provide you with people-first service, acting as a guide through every single step of the process. For a free case evaluation today, please fill out a contact form or give our office a call at (727) 312-0322.

Frequently Asked Questions to Drunk Driving Accident Attorney in New Port Richey, FL