Hit by a Drunk Driver After a Valentine’s Night Out in Tampa: What Victims Should Do Next

Getting hit by a drunk driver can turn an otherwise enjoyable night, like a Valentine’s celebration, into a life-altering event. In Tampa, the impact of a DUI-related crash can leave victims dealing with physical, emotional, and financial turmoil. If this has happened to you, here’s a comprehensive guide on what to do next to safeguard your well-being and ensure your legal rights are protected.

What to Do Immediately After a Drunk Driving Accident in Tampa

After a collision with a drunk driver, the immediate steps you take can significantly impact the outcome of your case. It is essential to remain calm and act quickly to protect your health, your rights, and your legal claim.

• Call 911 to Report the Incident: The very first thing you should do after a DUI-related crash is call 911. Whether or not the other driver is obviously intoxicated, it’s crucial that law enforcement responds to the scene. The police will gather information, write a detailed accident report, and investigate whether the driver was under the influence. This report is a critical piece of evidence for your case and any potential claims.
• Seek Medical Attention Immediately: Even if you don’t feel injured at first, it’s vital to get medical attention as soon as possible. Some injuries, especially internal ones or soft tissue damage, may not be immediately visible. Getting checked by a healthcare professional creates an official record of your injuries, which can be crucial for any legal action. Don’t delay this step—even if your injuries seem minor.
• Document Everything at the Scene: If you are physically able to do so, take photos and notes of the scene. Capture the condition of your vehicle, any visible injuries, damage to surrounding property, and the overall accident scene. If there are any witnesses, try to get their contact information. A detailed record of the accident can be a valuable resource when working with your attorney.
• Do Not Discuss Fault or Apologize: Avoid discussing the details of the accident or apologizing for the incident. Even saying “I’m sorry” could be used against you later in a legal setting. Let the police and insurance adjusters handle the investigation. Focus on gathering evidence and protecting yourself.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Attorney

Molli Gard, ESQ.

Attorney

Understanding Florida’s DUI Laws and Their Impact on Your Case

Florida has strict laws when it comes to driving under the influence, and the consequences for drivers found guilty of DUI are severe. As a victim, you can take advantage of these laws to strengthen your case and pursue the compensation you deserve.

• DUI Penalties in Florida: Florida imposes harsh penalties for those caught driving under the influence, including fines, license suspensions, and potential jail time. The legal consequences for the drunk driver will depend on their blood alcohol content (BAC) and whether it’s a repeat offense. If the driver had a high BAC or caused significant harm, the penalties can be even more severe.
• DUI Victims’ Rights: If you’ve been involved in an accident with a drunk driver, the law allows you to pursue both economic damages (medical bills, lost wages, car repairs) and non-economic damages (pain and suffering, emotional distress). DUI accidents also open the door to punitive damages, which are designed to punish the wrongdoer for their reckless behavior. The severity of the driver’s impairment, combined with the damage to you and your property, can increase the financial compensation available to you.

How to File a Personal Injury Claim in Tampa After a DUI Accident

Filing a personal injury claim can help you recover damages after being hit by a drunk driver. The process involves working with your insurance, the drunk driver’s insurance, and sometimes filing a lawsuit. Here’s how to navigate the claims process:

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

• Consult a Personal Injury Lawyer: Navigating the legal system after a DUI accident can be overwhelming. Contacting an experienced lawyer early in the process ensures you understand your rights and options. A Tampa personal injury attorney, such as the professionals at Serrano Law, can guide you through the process, handle negotiations, and ensure that your case is presented effectively.
• Communicate with Your Insurance Company: Your insurance company will likely be involved in your claim, especially if the other driver is uninsured or underinsured. Your lawyer will help you communicate with your insurer and ensure they act in your best interest. Your lawyer will also liaise with the drunk driver’s insurance company to recover damages for injuries, property damage, and any other losses.
• File Your Lawsuit if Necessary: If you’re unable to reach a fair settlement through insurance negotiations, your attorney may recommend filing a lawsuit. Florida’s statute of limitations for personal injury cases is typically four years from the date of the accident, but it’s advisable to act sooner rather than later. Filing a lawsuit can help you pursue the compensation you deserve in a court of law.

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What to Expect During the Legal Process After a DUI Accident

The legal process after a DUI-related car crash in Tampa may take time, but understanding what to expect can help you manage your case effectively.

• Settlement Negotiations: Many cases settle out of court, with your attorney negotiating with the insurance companies to secure a fair payout. This process can take weeks or months, depending on the complexity of the case. Having an experienced attorney advocating for you can ensure you don’t settle for less than you’re entitled to.
• Court Process: If your case goes to court, your lawyer will represent you during the trial. You will need to provide evidence of your injuries and damages, including medical records, accident reports, and witness testimony. A DUI-related accident can be especially challenging, as the responsible driver’s intoxication may become a focal point of the case. Your attorney will ensure that all evidence is presented clearly and effectively.
• Timeline: The timeline for resolving your case can vary greatly depending on the details of the accident and your injuries. While some cases may be resolved in a few months, others may take a year or more, especially if they go to trial. Patience and persistence are important, but with the right legal team on your side, you can be assured that your case will be handled efficiently.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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How a Personal Injury Lawyer in Tampa Can Help You Get the Compensation You Deserve

When it comes to navigating the aftermath of a drunk driving accident, having a skilled personal injury attorney is invaluable. They will guide you through each step of the process and fight for the compensation you deserve.

• Expert Legal Advice: An experienced lawyer knows how to assess the full extent of your damages, including both economic and non-economic factors. They will help you understand what types of damages are available to you and ensure that your claim is as strong as possible.
• Handling Insurance and Legal Matters: Personal injury lawyers are familiar with the tactics used by insurance companies to minimize payouts. They will advocate on your behalf and ensure that your best interests are prioritized throughout the claims process.
• Pursuing Justice: Above all, a personal injury lawyer will ensure that justice is served. When a drunk driver causes harm to an innocent person, they should be held accountable. Your attorney will fight to ensure that the driver is penalized appropriately and that you are compensated for the suffering you’ve endured.

If you’ve been the victim of a drunk driver after a night out, don’t face the legal process alone. Serrano Law is here to help. Our dedicated team of professionals is ready to provide expert guidance and fight for the compensation you deserve. Contact us today for a free consultation and get the help you need to recover from this traumatic experience.

To learn more about this subject click here: What Happens If the Other Driver Lies About the Accident?