Florida Drunk Driver Accidents: A Step-by-Step Guide to Legal Action

Florida Drunk Driver Accidents: A Step-by-Step Guide to Legal Action

Florida Drunk Driver Accidents: A Step-by-Step Guide to Legal Action 1920 1280 Mark Ramilo

Drunk driver accident is a serious and preventable problem that endangers the lives of thousands of people in Florida every year. According to the Centers for Disease Control and Prevention, there were 814 alcohol-impaired driving fatalities in Florida in 2018, accounting for 26% of all traffic deaths in the state. In 2020, despite the pandemic and lockdowns, there were still 746 fatalities from crashes involving alcohol, drugs, or both.

If you or a loved one has been injured or killed by a drunk driver in Florida, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. However, pursuing legal action against a drunk driver can be challenging and complex, especially if you are dealing with insurance companies, criminal charges, and multiple parties involved.

That’s why you need the help of a trusted and experienced law firm that can handle your case with professionalism, compassion, and skill. At Bengal Law, we have over 20 years of experience in representing victims of drunk driver accidents in Florida. We have intimate knowledge of the legal system from both sides, as we have worked as prosecutors, defense attorneys, and personal injury lawyers. We know how to investigate, negotiate, and litigate your case to achieve the best possible outcome for you and your family.

In this guide, we will walk you through the steps you need to take after a drunk driver accident in Florida. We will cover topics such as:

  • What to do at the scene of the accident
  • How to report the accident and get medical attention
  • How to collect evidence and document your injuries
  • How to deal with insurance companies and adjusters
  • How to file a claim and seek compensation
  • How to choose the right lawyer for your case
  • How to prepare for a lawsuit or a settlement

We hope this guide will help you understand your rights and options after a drunk driver accident in Florida. We also invite you to contact us for a free consultation and case evaluation. We are here to help you get justice and recovery.

The Immediate Aftermath of a Drunk Driving Accident

The moments following a drunk driving accident can be chaotic and emotionally overwhelming. However, taking specific steps can play a critical role in ensuring you get the justice and compensation you deserve. Here’s what to prioritize:

Prioritize Your Health: Seek Medical Attention

The adrenaline rush that follows an accident can often mask injury symptoms. Even if you believe you’re unharmed, seeking immediate medical attention is paramount.

Why It’s Crucial: Some injuries, especially internal ones or whiplash, may not show symptoms right away. A medical professional can identify and document these injuries, ensuring you get the necessary treatment and have an official record.

Legal Implications: From a legal standpoint, having a documented medical evaluation from shortly after the accident can be invaluable. It provides evidence that ties injuries directly to the accident and helps build a strong foundation for your case.

Documenting the Scene

In today’s digital age, most people carry smartphones. If you are physically able, it’s essential to use this tool to your advantage.

Take Photos: Photograph everything. This includes the damages to all vehicles involved, tire marks on the road, any visible injuries you or your passengers might have, the surrounding area, license plates, and any other relevant scene details. These images provide a visual record of the incident and can be vital evidence.

Witness Information: Witnesses can offer a third-party account of the accident, free from bias. If there are bystanders or others who saw the accident, politely ask for their names and contact details. Their testimonies can be instrumental in corroborating your version of events.

Police Reports: Always call the police to the scene of a drunk driving accident. The official report they create becomes a critical piece of documentation. Ensure you get the names and badge numbers of the responding officers and details on how to obtain a copy of the accident report.

In the aftermath of a traumatic event like a drunk driving accident, it can be tempting to want to move forward, leaving the pain and distress behind. While emotional recovery is vital, it’s equally crucial not to neglect the legal implications of the accident. Here’s why taking legal action is not just beneficial, but often essential:

Holding the Responsible Party Accountable

Moral Responsibility: Drunk driving isn’t just negligent; it’s a blatant disregard for the safety and well-being of others on the road. By taking legal action, you’re standing up against this reckless behavior and reinforcing the societal norms that protect us all. This could deter the responsible party, and perhaps others, from making such perilous choices in the future.

Legal Consequences: Beyond the moral standpoint, there are legal consequences for those found guilty of drunk driving. From fines to potential incarceration, these legal repercussions serve as a deterrent and a form of justice for the victims.

Ensuring Victims Receive the Compensation They Deserve

Medical Expenses: The repercussions of an accident can leave victims with overwhelming medical bills. From initial emergency care to ongoing treatments, surgeries, or therapy, the costs can quickly escalate. Compensation can cover these expenses, ensuring victims don’t bear the financial burden of someone else’s recklessness.

Lost Wages: If the injury has caused you to miss work or has diminished your capacity to earn in the future, compensation can cover these lost wages, helping you maintain financial stability.

Pain and Suffering: Beyond the tangible financial losses, victims of drunk driving accidents experience immense emotional and physical pain. While no amount of money can truly compensate for this suffering, legal settlements aim to provide some form of relief and recognition of the ordeal the victim has endured.

Property Damage: Accidents often result in significant damage to personal property, especially vehicles. Compensation can cover repair or replacement costs, ensuring victims aren’t left without transportation or bear out-of-pocket expenses.

In essence, legal action is more than just a formality—it’s a pathway to justice. It’s about making sure that those who act recklessly face the consequences of their actions and that victims are not left to shoulder the costs, both emotional and financial, of such incidents. At Bengal Law, we champion these rights, ensuring that every victim gets the justice and compensation they deserve. No one should have to navigate this journey alone, and we’re here to guide and support you every step of the way.

The Advantage of Choosing Bengal Law

The aftermath of a drunk driving accident is a tumultuous time, filled with confusion, pain, and uncertainty. During this period, the legal representation you choose can profoundly impact the trajectory of your case and the compensation you might receive. Here’s why Bengal Law stands out as the superior choice:

Our History with Insurance: Dual-Sided Expertise

Unique Perspective: At Bengal Law, our intimate knowledge of the insurance landscape is unrivaled. Why? Because we’ve been on both sides of the fence. We understand the tactics insurance companies use to minimize payouts because we used to work for them. Now, we leverage this insider knowledge to anticipate their moves and counteract them, ensuring you get what you rightfully deserve.

Bridging the Gap: Our history with insurance equips us to bridge the often-intimidating gap between victims and big insurance corporations. We speak their language, navigate their systems, and don’t let them undervalue your claim.

Decades of Experience: A Legacy of Trust and Success

Proven Track Record: We’re not newcomers to this field. Our decades-long presence is a testament to our commitment, expertise, and success. We’ve secured millions for our clients, and every case has added to our wealth of knowledge.

Dependability and Trust: Our long-standing tenure in the industry has not only honed our skills but has also built a legacy of trust. When you choose Bengal Law, you’re not just getting a lawyer; you’re getting a dependable advocate who has stood the test of time

Low Volume, High Value: Quality Over Quantity

Focused Attention: While many firms might juggle a high volume of cases simultaneously, often leading to diluted attention and rushed outcomes, Bengal Law takes a different approach. We deliberately limit the number of cases we handle, ensuring that each client receives our undivided attention.

Maximized Results: By dedicating more time, resources, and energy to fewer cases, we delve deeper, prepare better, and push harder. The result? Optimized settlements and verdicts that truly reflect the value of your claim.

Personalized Service: Our low-volume approach isn’t just about numbers; it’s about people. We believe every victim’s story is unique and deserves to be heard, understood, and championed with personalized strategies.

Initiating Your Case with Bengal Law

Embarking on a legal journey can seem daunting, but with the right partner by your side, it becomes a path to justice, understanding, and, ultimately, closure. When you choose Bengal Law, here’s how we initiate and build your case:

The First Consultation: Your Story is Our Blueprint

A Listening Ear: Our first consultation isn’t about legal jargon or paperwork; it’s about you. We prioritize hearing your story because it’s the heart of your case. Your experiences, feelings, and aspirations provide us with the insight needed to represent you authentically.

A Foundation for Strategy: By understanding your unique circumstances and objectives, we tailor our legal strategies to suit your needs. This initial conversation sets the tone and direction for how we’ll approach your case.

Open, Judgement-Free Space: We recognize the sensitivity and emotion tied to recounting traumatic experiences. Our first consultation aims to be a safe, empathetic space where you can share freely, knowing you’re being heard and supported.

The Personal Approach of Bengal Law

In the vast world of legal representation, where cases can often be treated as just numbers, Bengal Law stands out distinctly. Our approach is defined not by the volume of cases we handle, but by the depth of attention, understanding, and individualized care we invest in each one. Here’s a closer look at what our personal touch entails:

Individualized Attention: Because Every Story is Unique

Bespoke Strategy: Recognizing that no two cases, or clients, are alike, we shun the cookie-cutter approach. By truly listening to and understanding your story, we craft strategies tailored specifically to the nuances of your situation.

Deep Dive into Details: We pride ourselves on not just skimming the surface but diving deep into every case, unraveling every detail, however minute, that can aid in strengthening your claim.

Dedicated Time: At Bengal Law, we ensure that every client gets the time they deserve. Whether it’s a consultation, case review, or a courtroom representation, our commitment to you is unwavering focus and attention.

Prompt & Attentive Communication: Keeping You at the Heart of the Process

Regular Updates: We believe that you should never be left wondering about your case’s status. Our commitment is to provide regular, clear updates so you’re always informed.

Open Channels: We ensure that our channels of communication are always open for you. Whether you have a question, concern, or simply need reassurance, we’re just a call or text away.

Empathetic Listening: Beyond just updates, we’re here to support you emotionally. We understand the strains of a legal journey and ensure our interactions are empathetic, patient, and understanding.

Our Promise: Unmatched Attention in a World of Mass Advertising

Quality over Quantity: In a landscape dotted with large billboard firms promising fast results, we offer something rarer: genuine, undiluted attention. Our low-volume approach ensures we’re never spread too thin, and every case receives our full arsenal of expertise and dedication.

The Bengal Law Difference: Large firms might offer speed, but often at the cost of personal attention. At Bengal Law, we promise you won’t be just another case number. Instead, you’ll experience a level of attention and care that truly sets us apart.

Building Real Relationships: To us, our clients aren’t just cases; they’re like family. This philosophy permeates every interaction, every strategy session, and every courtroom representation, ensuring that you always feel valued, heard, and championed.

What to Expect in the Courtroom

Venturing into a courtroom can be a nerve-wracking experience, especially if it’s your first time. At Bengal Law, our mission is not just to represent you but to prepare, guide, and support you throughout this journey. From the meticulous preparations before we even set foot in the courtroom to navigating the actual trial proceedings, here’s a breakdown of what you can expect:

Preparing for the Case: Laying the Groundwork for Success

Strategy Sessions: Before we ever present your case in court, we spend countless hours brainstorming, strategizing, and pinpointing the best approach. This involves reviewing all evidence, understanding the opposition’s likely arguments, and mapping out our presentation for maximum impact.

Mock Trials: To prepare for the real courtroom scenario, we often conduct mock trials. This provides a simulated experience of the actual proceedings and helps identify potential challenges, questions, or points of contention that might arise.

Rehearsals: We believe in the power of preparation. That’s why we’ll rehearse key segments of the case, ensuring that our arguments are concise, compelling, and clear. This is also an opportunity for you to familiarize yourself with the process and your role in it.

The Courtroom Experience: From Entry to Verdict

Arrival and Seating: Upon entering the courtroom, we’ll guide you on where to sit and what to expect. Typically, the plaintiff, defendant, their respective legal teams, and witnesses have designated areas.

Opening Statements: Both sides will present their opening statements. This is a concise overview of what each party believes the evidence will prove.

Presentation of Evidence and Witnesses: As the plaintiff, we’ll present our evidence first. This could involve showcasing documents, photographs, or other pertinent items. Witnesses, including expert witnesses, may be called to testify and will undergo both direct examination and cross-examination.

Your Testimony: If necessary, you may be called to the stand to provide your testimony. We’ll ensure you’re well-prepared for this, guiding you on what to expect, how to respond, and the importance of staying calm and collected.

Closing Arguments: Once all evidence has been presented and witnesses have testified, both sides will give their closing arguments. This is a summary of the case and a final plea to the jury.

Jury Deliberation and Verdict: The jury will retire to discuss and decide on the case. The duration can vary – it might be hours or days. Once they reach a decision, they’ll return to the courtroom to announce the verdict.

Your Role: While our team will handle the majority of the legal proceedings, your presence, demeanor, and authenticity can make a difference. We’ll guide you on when to speak, how to present yourself, and the importance of portraying confidence and credibility.

Settlements vs. Trials: What’s Best for You?

In the intricate maze of personal injury law, the path to justice often branches into two predominant routes: settlements and trials. Each has its own advantages and potential pitfalls. At Bengal Law, our approach is underpinned by an unwavering dedication to you and the pursuit of what’s genuinely in your best interest. Here’s a look at our philosophy and how we evaluate the most suitable approach for your unique situation:

Our Philosophy: Maximizing Value Over Speedy Resolutions

Depth Over Breadth: We prioritize the depth of each case over the sheer volume. Unlike many firms that rush towards quick settlements to clear their dockets, we believe in thoroughly investigating, understanding, and maximizing the potential value of every case we take on.

Client-Centric Approach: It’s not about what’s easiest for us; it’s about what’s best for you. Even if a trial demands more effort and time, if we believe it’s the best route to secure your rightful compensation, we will advocate for it.

Long-Term Implications: A hasty settlement might offer immediate gratification but could fall short of covering long-term implications of an injury or loss. We’re committed to ensuring that any resolution addresses not just present challenges but future needs as well.

Assessing the Best Approach: Tailored Strategy for Your Case

Evaluation of Case Strength: Through meticulous analysis, we assess the strength of your case. Strong, clear-cut evidence might lean towards a successful trial, while more nuanced cases might benefit from strategic negotiations.

Client Comfort & Preference: Your comfort is paramount. If you’re apprehensive about the emotional toll of a trial or the public scrutiny it might entail, we factor this into our recommendations.

Assessment of Opposing Party: The demeanor, history, and strategy of the opposing party or their insurance provider can influence the decision. A history of hard-nosed litigation tactics might necessitate a more aggressive stance on our part.

Potential Time Frame: Trials can be lengthy. If a fair settlement offers the potential to resolve matters more promptly without sacrificing rightful compensation, it becomes a viable consideration.

Financial Implications: We’re always transparent about the potential costs involved in pursuing a trial versus a settlement and ensure you’re informed before making any decisions.

What If Bengal Law Doesn’t Take My Case?

Navigating the aftermath of an accident can be incredibly daunting. As you grapple with physical, emotional, and financial challenges, finding the right legal representation becomes paramount. At Bengal Law, we’ve chosen a path that emphasizes depth over breadth, ensuring every client receives our undivided attention and expertise. This means we adopt a selective approach, focusing on a limited number of cases to guarantee each receives the exhaustive effort it deserves.

However, our dedication to justice and your well-being doesn’t wane if we’re unable to represent you. Here’s our commitment in such circumstances:

Referring You to Other Top Orlando Injury Attorneys

Vetted Recommendations: Over the years, we’ve cultivated professional relationships with some of the best injury attorneys in Orlando. If we can’t take your case, we’ll actively refer you to a trusted colleague who possesses the expertise and capacity to handle your situation with the diligence it demands.

Personal Introduction: It’s not just a name on a piece of paper. We believe in making the transition seamless for you. Whenever possible, we’ll facilitate a personal introduction, ensuring the attorney understands the nuances of your case right from the outset.

Guidance on Next Steps: We’ll offer advice on what to share, how to present your case, and what documentation may be beneficial for your next consultation with the referred attorney.

No Stone Left Unturned: Even if we don’t take your case, we’re committed to ensuring you’re not left feeling lost or overwhelmed. We’ll provide guidance, answer any lingering questions, and ensure you’re poised to continue your pursuit of justice with another competent legal representative.


The reverberations of a drunk driving accident can be both profound and far-reaching. Victims are often left grappling with not only the physical aftermath but the emotional and financial toll such an incident can impose. In these moments of vulnerability, one thing is abundantly clear: you should never have to face it alone.

Bengal Law stands as a beacon of hope and advocacy for victims of such unfortunate events. Our ethos is not rooted merely in legal representation but in an unyielding commitment to the individuals and families we serve. Our history reveals a tapestry of personalized attention, decades of cultivated experience, and countless stories of justice achieved for our clients.

Every victim’s story is unique, and every journey towards justice is personal. This understanding forms the bedrock of our practice. At Bengal Law, we’re not just your legal counsel; we’re your dedicated partners, ensuring you’re not just heard, but genuinely understood, represented, and vindicated.

If you or a loved one has been affected by a drunk driving accident in Florida, let Bengal Law be the personal advocate you need during this challenging time. Call or text us at 407-815-3000. Our team is here, ready to stand by your side and navigate the path to justice with you. Contact us today!

Schedule a free consultation

Getting the compensation you need to make a full financial recovery starts with a free case evaluation with accident attorneys Jeff Starker or Joel Leppard.

Start today by texting or calling our office at (407) 815-3000 to schedule a consultation with one of our personal injury attorneys, or complete our contact form to start your journey of getting help. We look forward to serving you.

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