Drunk Driving Laws

Fort Myers DUI Accident Attorney

Randall L. Spivey has years of experience in helping DUI accident victims recover compensation for their losses. The Fort Myers DUI accident lawyers at the Spivey Law Firm have dedicated their legal practice to using all available Florida laws to obtain fair and just compensation on behalf of victims who have suffered at the hands of drunk drivers.

Punitive Damages

In the state of Florida, punitive damages are available in personal injury or wrongful death lawsuits where harm has been caused by an impaired or intoxicated driver. Punitive damages are not merely another source of compensation for victims of drunk driving accidents. Rather, punitive damages punish the drunk or impaired driver for his or her illegal, negligent, and reckless behavior. Additionally, Naples and Fort Myers DUI accident attorneys use punitive damages to help educate the public and make it clear that a jurisdiction will not allow drunk drivers to needlessly injure innocent people.

Other special laws may apply to your case as well. In personal injury or wrongful death cases, the law may place limits on the amount of punitive damages that you can recover through a lawsuit. However, in a drunk driving accident that results in injury or death, the law imposes no limits on the amount of punitive damages that may be awarded in a lawsuit brought by a Naples and Fort Myers accident lawyer.

Federal Bankruptcy Law

Federal bankruptcy law also protects injury victims and the surviving family members of victims of fatal drunk driving accidents. When a lawsuit results in a monetary judgment against a person who causes a drunk driving accident resulting in injuries or death, he or she cannot discharge that debt by filing for bankruptcy relief. These federal laws permit your Fort Myers accident attorney to continue to enforce your judgment for damages resulting from a drunk driving accident without fear of the driver sidestepping his payment obligation.

Criminal Charges

The State of Florida also permits criminal charges against an impaired driver when he causes injury or death while driving under the influence. In addition, the victim of a drunk driving accident can request a restitution order through the criminal proceedings, ordering the impaired driver to reimburse the victim for costs related to the injuries that he or she has sustained. Likewise, the victim has the right to ask the Victim's Compensation Fund to pay any of his or her unpaid medical bills. While these are helpful resources for the victims of drunk driving accidents, damages available through a restitution order or the Victim's Compensation Fund typically are limited in that they must relate directly to medical expenses, lost wages, and other out-of-pocket expenses.

Civil Action

However, the victims of drunk driving accidents do have further recourse under Florida law. Our Fort Myers and Naples DUI accident attorneys can bring civil cases against drunk drivers responsible for causing accidents, including personal injury lawsuits or wrongful death actions. In civil cases, the Fort Myers DUI accident lawyers of the Spivey Law Firm, Personal Injury Attorneys, P.A., can help the victim and his or her family to recover various types of damages. These damages may include medical bills, wages lost, pain and suffering, and loss of enjoyment of life. As mentioned above, punitive damages also may be available in personal injury lawsuits or wrongful death lawsuits involving drunk drivers.

If you were a victim of a DUI accident, contact Fort Myers DUI accident attorney Randall L. Spivey for a comprehensive evaluation of your case.