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5 Factors for Florida DUI Compensation

Posted by Fred Koberlein, Jr. | Jan 04, 2016 | 0 Comments

When you are involved in a car accident caused by a driver under the influence of alcohol, damages can go far beyond physical injuries. You feel angry, frustrated and even betrayed that someone would be so careless with other peoples' lives. When the time comes to get compensated for your injuries, you may be confused about the damages to which you are entitled, and how to get that compensation. Here are five factors that go into Florida DUI compensation for victims.

Determining Fault

The first thing that has to be demonstrated is the degree of fault held by the DUI driver. In most cases, a civil court will accept a criminal conviction as proof of fault in the crash. This is a legal concept known as “negligence per se.”

However, finding negligence isn't the end of the story. In Florida, a defendant can argue comparative negligence — that they were not 100% at fault. This means your attorney will need to argue the degree of fault held and is a major reason why having a personal injury lawyer in your corner is a good idea.

Long-Term Medical Care

If you suffer a long-term injury that is chronic or results in disability, your medical bills can stack up and present major financial challenges. If the DUI driver is found responsible for your injuries or disability, your damages may include coverage of these medical costs.

Dram Shop Laws

Dram shop laws state that an establishment holds part of the responsibility for a drunken driver. This means that if you are struck and injured by a driver under the influence, the bar where they were drinking could bear partial responsibility. Such laws help to ensure that you will receive compensation for your injury, as establishments have a track record of paying up when it comes down to it.

Wrongful Death Statutes

If a loved one is in a DUI accident and dies as a result of the drunk driver's actions, you and your family may be entitled to compensation for your suffering. This is particularly true if the deceased was a primary wage owner or caregiver in the family. Valuing pain and suffering from loss is tricky, and a qualified personal injury attorney can be a great ally in this process.

Loss of Work and Opportunity

Auto accidents can lead to injuries which can make a person unable to work at present or in the future. In such cases, the jury will often consider lost wages and even lost potential future earning (lost opportunity) as part of the damages awarded. The more your injuries affect your earning capacity, the more compensation you are entitled to receive.

Don't Go It Alone

If you suffer this kind of injury, never try to go it alone. Florida DUI compensation cases can be tricky and full of potential pitfalls that can cost you money you deserve. Seek the services of a personal injury attorney to be sure your rights are protected. For more information, read a bit about our services, and give us a call for a free consultation today or email us through our contact page.

About the Author

Fred Koberlein, Jr.

Fred Koberlein is a trial attorney who opened Koberlein Law Offices after acquiring extensive legal experience in three legal practice areas, which are: personal injury law; criminal defense; and local government matters which require you to appear or present your matter before your local government Boards, government Councils, and government Agencies. Mr. Koberlein began trial preparation through an externship as a legal clerk with the Judges of the Third Judicial Circuit for Florida prior to his graduation from the University of Florida, College of Law.  After law school Mr. Koberlein was dedicated to becoming a trial attorney and worked with the Public Defender's Office from 2004 to 2007, where he was promoted to handling felony cases within eight months of hire.  Mr.  Koberlein has handled over 1500 criminal cases ranging from possession of cannabis, DUI, serious felonies, white-collar crimes, violations of probation hearings, and countless motion hearings. Mr.  Koberlein began practicing in the areas of personal injury and insurance defense during 2006.  Mr. Koberlein's experience in prosecuting personal injury claims against those insurance companies he was not representing and defending other insurance companies and their customers provided a unique experience where he was able to learn what each side anticipates from the opposing party.Next, Mr. Koberlein was hired by a City to defend the City's interests and three additional Cities quickly followed and retained Mr. Koberlein to protect their interests.  Currently, Mr. Koberlein represents a total of four (4) municipalities in the North Florida area.  As Mr. Koberlein focused on civil litigation he remained passionate about representing individuals charged with misdemeanor and felony crimes as well as civil litigation issues. Mr.  Koberlein has the experience and reputation to negotiate a favorable resolution in your matter, and if that is not possible, to provide the best, most zealous trial representation available.  Utilizing competent and trusted investigators and experts, your case will be prepared so that the best result will be achieved.  If you or a loved one is hurt, damaged, or is facing criminal charges, you want a qualified, hard-working attorney who will explain your options to you in a straightforward, commonsense, and honest manner. Education and Practice Experience: University of Florida; Gainesville, Florida; Bachelor of Science, 1997 University of South Florida; Tampa, Florida; 1998 University of Florida, College of Law; Gainesville, Florida; 2003 Bar and Court Admissions: Florida Bar, 2004 – Present All 67 Counties in Florida All 20 Circuits in Florida U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida Professional and Civic Activities: Florida Bar Trial Lawyers, 2007 – Present Florida Bar Business Law Section, 2007 – Present Florida Bar Criminal Law Section, 2004 – Present Florida Association of Criminal Defense Lawyers, 2004 – Present Third Judicial Bar Association, 2004 – Present Mr.  Koberlein is committed to his clients and devotes himself to protecting their interests from the beginning to the end of their case.  Mr. Koberlein has spent his career helping clients defend themselves against criminal charges, fight insurance companies, and proceed through the bureaucratic process of local governments.  Mr. Koberlein welcomes the opportunity to meet with you and evaluate your legal needs and provide you with an experienced and competent analysis.

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