Being injured in a car accident is difficult enough. Learning that the person who caused the crash was driving drunk can make the situation even more upsetting.

You may be dealing with serious injuries, medical bills, missed work, and pain that has affected every part of your life. At the same time, you are left knowing that the crash did not have to happen. The other driver made a dangerous decision to get behind the wheel after drinking, and you are the person paying the price for it.

If you were hit by a drunk driver in Orlando, your injury claim may be different from a typical car accident case. In addition to pursuing compensation for your injuries and losses, there may be circumstances in which punitive damages can be pursued.

But these cases do not prove themselves. Evidence must be collected, preserved, and presented properly. The sooner that process begins, the better positioned we may be to hold the drunk driver accountable.

How Is a Drunk Driving Accident Claim Different?

In a typical car accident case, we are usually looking at whether another driver acted negligently.

Maybe they were speeding. Maybe they followed too closely. Maybe they ran a red light, changed lanes without looking, or became distracted behind the wheel.

A drunk driving crash adds another level to the case.

Driving after consuming enough alcohol to become impaired is not just an ordinary mistake. It is a dangerous decision that puts everyone else on the road at risk. When that decision causes an accident and serious injuries, Florida law may allow the injured person to pursue punitive damages in addition to the compensation normally available in a personal injury claim.

That possibility can increase the value and importance of the case, but only if we can establish the necessary facts with evidence.

What Are Punitive Damages?

Most damages in a car accident claim are intended to compensate the injured person for what was lost.

Depending on the circumstances, that may include compensation for:

• Medical expenses
• Future medical care
• Lost income
• Reduced earning ability
• Pain and suffering
• Disability or permanent injury
• Loss of enjoyment of life

Punitive damages serve a different purpose.

They are not simply intended to repay you for a medical bill or missed paycheck. They are designed to punish especially dangerous conduct and discourage similar behavior in the future.

When someone chooses to drive while intoxicated and causes a serious crash, punitive damages may become an issue. That does not mean they are automatic. We still have to develop the evidence and follow the legal process necessary to pursue them.

We Have to Prove the Driver Was Intoxicated

It may seem obvious that a drunk driving arrest should settle the issue, but a strong civil case requires more than assumptions.

We need to obtain and preserve the records showing what happened.

That may include:

• The traffic crash report
• The arrest report
• Body-camera or dashboard-camera footage
• Field sobriety testing information
• Breath-test or blood-test results
• Witness statements
• Photographs and video from the accident scene
• Records from the criminal case
• Testimony from investigating officers

In some cases, we may need to subpoena blood-alcohol records or other documentation showing the driver’s level of intoxication.

The goal is to create a clear evidence trail. We want to show not only that the driver caused the collision, but also that the driver was impaired at the time.

The drunk driver’s insurance company is not going to voluntarily build that case for you. That is why it is important to have an attorney begin gathering the evidence as soon as possible.

An Arrest and a Civil Injury Claim Are Two Different Cases

People are sometimes confused about the difference between the criminal case and the personal injury case.

The State of Florida may pursue criminal charges against the drunk driver. That case is about whether the driver violated criminal law and what criminal penalties should be imposed.

Your personal injury claim is separate.

The civil case is about the harm done to you. It is about your medical treatment, lost income, pain, limitations, permanent injuries, and the overall effect the accident has had on your life.

A criminal conviction can be important, but you should not assume the criminal justice system will automatically compensate you for everything you have lost. Your injury claim must still be investigated and pursued.

Drunk Driving Crashes Often Cause Severe Injuries

Many drunk driving accidents happen because the impaired driver is speeding, drifting between lanes, ignoring traffic signals, driving on the wrong side of the road, or failing to react before impact.

As a result, these crashes can be violent.

Victims may suffer:

• Traumatic brain injuries
• Neck and back injuries
• Herniated discs
• Broken bones
• Internal injuries
• Spinal cord damage
• Permanent disability
• Emotional trauma

Some people need surgery. Others face months or years of medical care. In the most tragic cases, families lose someone they love.

When the injuries are severe, the financial stakes are also higher. We need to understand not only what you have already been through, but what the injury may cost you in the future.

That requires medical documentation, expert opinions when appropriate, and a careful evaluation of how the crash has changed your life.

Why You Should Get Medical Treatment Immediately

After a crash, your health has to come first.

Some injuries are obvious at the scene. Others may become more painful over the next several hours or days. Adrenaline can mask symptoms, especially after a frightening collision.

If you are experiencing pain or other symptoms, get evaluated and follow your doctors’ recommendations.

Medical treatment also creates the documentation needed to connect your injuries to the accident. The insurance company will examine the timeline closely. If you wait too long or create major gaps in care, it may argue that the injuries were not serious or were caused by something else.

Do not try to be a hero and simply push through significant pain. Get the treatment you need and give your doctors an accurate description of your symptoms.

The Insurance Company May Still Fight the Claim

People sometimes assume that when a drunk driver causes a crash, the insurance company will immediately accept responsibility and offer fair compensation.

That is rarely how these cases work.

The insurer may still argue about:

• Whether the drunk driver caused the entire crash
• Whether another person shares responsibility
• Whether all your injuries came from the accident
• Whether you had preexisting medical conditions
• Whether your treatment was necessary
• Whether your injuries are permanent
• How much your pain and suffering are worth

The insurance company may also try to resolve the claim quickly before the full extent of your injuries is known.

You should be careful about giving recorded statements, signing releases, or accepting an early settlement without understanding what you may be giving up.

Once a claim is fully settled, you generally cannot return later and ask for additional money because the injury became worse or required more treatment than expected.

Why Acting Quickly Matters

Important evidence can become harder to obtain as time passes.

Video may be overwritten. Witnesses may become difficult to locate. Memories may fade. Vehicles may be repaired or destroyed. Records from the criminal investigation may take time to identify and obtain.

Getting an attorney involved early allows us to begin locating and preserving the evidence before it disappears.

It also allows me to review the available insurance coverage. In serious injury cases, we need to identify every possible source of compensation rather than assuming one policy is the only coverage available.

How I Help People Hit by Drunk Drivers

When someone contacts me after being hit by a drunk driver, I look at the complete case.

I want to understand:

• How the collision occurred
• What evidence proves intoxication
• Whether the driver was arrested
• What injuries were suffered
• What medical treatment has been recommended
• How the crash has affected the client’s work and daily life
• What insurance coverage may be available
• Whether punitive damages may be appropriate

I gather the documents, deal with the insurance companies, and build the evidence needed to pursue full and fair compensation.

Every case is different. I am not going to promise a particular outcome before I know the facts. What I will do is give you an honest assessment, explain your options, and fight to make sure the insurance company takes your injuries seriously.

Speak With an Orlando Drunk Driving Accident Lawyer

If you were hit by a drunk driver in Orlando, you should not have to handle the legal and insurance process by yourself.

The evidence of intoxication needs to be collected. Your injuries need to be documented. The insurance coverage needs to be investigated. And if the facts support punitive damages, that issue needs to be handled properly.

You concentrate on getting better. Let me concentrate on building the case.

Call me, Jeremiah Jaspon at The Jaspon Firm,  for a free case evaluation at (407) 513-9515.
I will personally talk with you about what happened, answer your questions, and explain how I may be able to help. There are no upfront attorney’s fees, and you pay nothing unless we recover compensation for you.