Florida · Impaired Driving
Drunk driving accident claims.
A DUI crash runs on two tracks: the state's case against the driver, and your own claim for what the crash cost you. They are separate, and the second one is yours.
Kovar Law Group · St. Petersburg, Florida · 727-827-7777
Do I have to wait for the criminal DUI case to finish?
No. The criminal prosecution is the state's case and does not compensate you, while your injury claim is civil and proceeds on its own timeline. A conviction or plea can be useful evidence, but waiting for one can run down your own deadlines and let evidence go stale.
Can anyone besides the drunk driver be responsible?
Sometimes. Florida's dram shop law is narrow: a vendor can generally be liable only for willfully serving alcohol to someone underage or knowingly serving a person habitually addicted to alcohol. Social hosts have limited exposure, and separate rules apply to minors. Whether a bar or restaurant shares responsibility is very fact-specific.
Are punitive damages available?
Impaired driving is one of the situations where Florida law permits a claim for punitive damages, which punish conduct rather than compensate loss. There is a high evidentiary standard and statutory caps with exceptions, and most auto policies do not cover punitive awards. They are worth evaluating, not assuming.
What evidence matters in a DUI crash claim?
The crash report and arrest report, breath or blood test results, bodycam and dashcam footage, field sobriety observations, bar or restaurant receipts and surveillance, and witness accounts of the driver beforehand. Much of this exists in public records and private systems that overwrite on their own schedules.
How long do I have to file?
Florida's filing deadline for negligence claims was shortened by the 2023 tort reform legislation, and the window that applies depends on your date of injury and the type of claim. Claims involving a government vehicle or property carry separate, much shorter notice requirements. Confirm your exact deadline with an attorney rather than assuming you have years.
General information only
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What kind of injury?
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Step 1 of 7. Injury. What kind of injury?
Impaired driving
Hurt by a drunk driver?
Send what happened and a real person will review your options.
Jay Kovar · Founder