Hit by a drunk driver? Florida Law Entitles You to Additional Benefits

It is a common misconception that a drunk driver is only taken care of by state prosecutors that will file criminal proceedings against him or her. According to Miami Dade, Florida drunk driving accident lawyers, when a drunk driver causes a crash and that victimizes others then the victims can also file a civil lawsuit against the drunk driver to receive compensation for the damages inflicted upon them.

The civil lawsuit will be a separate and distinct process and will not be related to the criminal charges filed by state prosecutors against the drunk driver. In fact, the only legal relation between the two is the fact that the plaintiff in the civil lawsuit can use the verdict made in the criminal lawsuit as evidence (provided that the criminal lawsuit is concluded, and that the driver was in fact found guilty of driving under the influence).

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Special laws for drunken driving victims in the State of Florida

Furthermore, the state of Florida has a few special allowances and provisions for drunken driving accident victims. These special allowances are often just ignored and receive a blind eye by the judicial system, which is why it is important for the plaintiff and his or her Miami Dade County drunk driving accident lawyer to keep bringing up the issue allowances during litigation.

Florida state law makes it mandatory for all motorists to be insured under P.I.P – Personal Injury Protection. However, in the case of drunken driving victims these allowances are made to ensure that the victim does not end up having to dish out money from their own pockets for things such as medical expenditures.

Who qualifies for the special allowances?

According to Miami Dade, FL drunk driving accident attorneys, only certain victims qualify for the special allowances provisioned by the Florida state law. All of the below conditions need to be satisfied in order to qualify for special allowances.

• The crime should be brought to the attention of a Florida police agency within a maximum period of 72 hours.
• These allowances are meant only for those that suffer personal injury or death as a result of the drunken crash. Those suffering from psychiatric or psychological issues due to the crash are only provided special allowances but the funds have a cap or limitation in these cases.
•  The application to receive these special allowances must be filled out and submitted within one year from the date of the accident. In some exceptional cases, this time line is extended to two years (if the plaintiff was incapacitated and was not able to file, or if there was an underlying medical issue that was not identified until after the passage of a year).
• The victim will only be awarded special allowances if they agree to provide full unrestricted co-operation to the police, the State Attorney’s Office, and the Attorney General’s Office.

If you are the victim of a drunk driving accident, make sure to contact a Florida drunk driving accident lawyer immediately to evaluate your case and address the issue of special allowances. 

You may not believe in Santa Clause but if you are American he believes in you. You have certain benefits and if you live in Florida, you have certain other benefits you could qualify for. No one is going to hand them to you though. Press right here to go to the website where you can find the legal assistance you will need to see this through.