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Legally, you are a victim of personal injury if you or a loved one sustain an injury to the body, emotions, or mind owing to the conduct of another party. The repercussions of personal injury can be devastating. In certain instances, the injuries can be life-altering and incapacitating, resulting in income loss and costly medical expenses.
If someone else is at blame for your injuries, you shouldn't have to pay for treatment and related expenses. You may pursue a claim and/or lawsuit for personal injury against the defendant. Nonetheless, time is of the essence when you present your case to court, as it effects the outcome of your case.
Florida, like every other state, has a statute of limitations for personal injury claims.
What is a Statute of Limitations?
The time frame in which you are required to file your case is referred to as the statute of limitations. In the Sunshine State, the statute of limitations for personal injury cases varies from one case to the next and is determined by the nature of the injury at case. The statute of limitations was created with the intention of shielding defendants from the never-ending threat of lawsuit posed by plaintiffs for an unspecified amount of time.
The term "statute of limitations" refers to a law that establishes the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim.
In addition to this, having statutes of limitations helps cases have reliable witnesses, as witnesses are more likely to clearly remember the incident at hand if the case is not prolonged for too long.
The establishment of a deadline provides the parties involved with the opportunity to circumvent the problem of losing vital evidence over the course of time. Your personal injury attorney would likely advise you to submit your claim/case as quickly as you can, mostly since the legal procedure may be difficult. The statute of limitations for a personal injury claim might vary widely depending on a number of aspects of the case, including the following:
Even if you have already begun negotiating with the defendant's insurance company, the statute of limitations in Florida will still apply in this situation.
The statute of limitations for almost all forms of legal actions in Florida may be found in Title VIII of the 2021 Florida Statutes[1].
If, on the other hand, you were hurt as a consequence of the negligence of a government worker or while you were on property owned by the government, the statute of limitations in such cases changes[2].
As a result, when you are harmed as a result of the negligence or inactions of another person or business, there are three very crucial questions that you need to address in order to determine whether or not you have a valid claim under the statute of limitations.
When Does the Statute of Limitations in Florida Begin?
The date of the incident is typically considered to be the date from which the statute of limitations begins running in the event that you were injured as a result of professional or medical malpractice, a vehicle accident, a slip and fall, or any other form of injury. It is important to note that the clock will begin ticking from the date the cause of the injury is discovered or should have been discovered if due diligence had been exercised if you are injured as a result of professional or medical malpractice and the cause of your injury is determined at a later date. This only applies if the cause of your injury was discovered because of professional or medical malpractice.
It is in your best interest to never delay seeking medical attention after sustaining an injury as a consequence of a vehicle accident, a slip-and-fall incident, professional negligence, or medical malpractice.
Don’t wait and contact the aggressive and experienced attorneys at Nooney, Roberts, Hewett & Nowicki. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our experienced personal injury attorneys! We conduct consultations in Spanish too!
In various types of personal injury cases, the Florida statute of limitations is as follows:
There are several distinct categories of personal injury lawsuits, each of which is subject to a unique statute of limitations under Florida law. The following are the statutes that apply to the most typical sorts of claims involving personal injury:
Accidents involving motor vehicles are the largest cause of death in the United States, and the majority of the time, the mistake lies with the error of drivers. If you were in an automobile accident and another person was at blame for the accident, you have up to four years from the date of the accident to initiate a case against that individual.
On the other hand, if the victim does not survive the injuries, qualified members of the victim's family have up to two years from the date of death to launch a lawsuit against the responsible party; this type of lawsuit is commonly referred to as a wrongful death case.
The statute of limitations might be extended to a maximum of five years if the motorist who caused the accident was uninsured at the time of the collision[3]. However, in order to qualify for the extension, you must fulfill other conditions, such as using your no-fault (PIP) benefits.
In the case that your only claim stems from property damage sustained in an auto accident, the statute of limitations in the state of Florida is four years.
In addition, it is essential to recall the 14-day accident rule and determine whether it applies to your particular case. After being involved in an automobile crash, the law mandates that you seek medical attention within the first two weeks. After this time limit has passed, you will no longer be able to make a claim under your PIP insurance policy.
When a physician, other medical practitioner, or hospital causes an injury to a patient as a result of carelessness or omission, this is known as medical malpractice. In the state of Florida, the statute of limitations for injuries sustained as a consequence of medical malpractice is two years4. The statute of limitations begins to run on the date of the injury that was caused by the carelessness of a medical practitioner. More specifically, the law5 states that, “An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence.”
It's possible that you won't find out about these injuries right immediately, which is one of the factors that might add two more years to the statute of limitations. This indicates that you have a time limit of two years from the date of discovery to initiate a lawsuit against the other party.
Generally, you have a deadline of four years after the action that resulted in the injury, which is referred to as the statute of repose, and that's when you have to bring your case. No matter whether you were aware of the malpractice or not when the injury occurred, the time will start ticking from the moment it happened. A statute of repose is a “statute barring any suit that is brought after a
specified time since the defendant acted, even if this period ends before the plaintiff has suffered a resulting injury.”6 Moreover, a statute of repose limits the time within which an action may be brought and is not related to the accrual of any cause of action. Unlike an ordinary statute of limitations which begins running upon accrual of the claim, the period contained in a statute of repose begins when a specific event occurs, regardless of whether a cause of action has accrued of whether any injury has resulted.7
Also, the statute of limitations for injured child victims is four years from the day the injury was committed or discovered.
In the event that a loved one passes away as the result of a breach of contract, wrongful act, or negligence, surviving family members have the right to bring a lawsuit and seek compensation for their loss. The lawsuit is brought forward on behalf of the deceased by the representatives of the estate.
According to Florida’s statute of limitations, a wrongful death lawsuit must be filed within two years of the decedent's date of passing if it is to be considered timely filed. However, if the defendant is trying to conceal the cause of death, the deadline may be extended.
Dog bites cause bodily injuries and can even be deadly to the victim. Dog owners have a legal responsibility to ensure that their pets do not cause bodily injury to others. Victims of dog bites in Florida are permitted to file lawsuits based on strict liability, intentional torts, and negligence under the state's legal code. After the date of the attack, victims have up to four years to file a lawsuit under the appropriate jurisdiction.
Consumers who have purchased defective goods can sue the companies who manufactured them for negligence, breach of warranty, and strict liability. Product liability cases must be filed in the state of Florida within four years, regardless of whether the lawsuit is based on breach of contract, negligence, strict liability, or nuisance. When an injury is discovered, the time period for statute of limitations starts on any potential claims involving defective products. In other situations, the statute of limitations begins to run when the discovery might have been made with due diligence.
It is the responsibility of the owner of the property to create a safe working and living environment, which includes adequate lighting and fire safety measures. The injuries that an invitee or licensee sustains while on the premises as a result of negligence on the part of the property owner are referred to as "premises liability." In this particular area of the law, the statute of limitations is four years, and it begins to run on the day the incident/injury occurred.
In the state of Florida, the particular statute of limitations that are applicable to motorcycle accidents change based on whether or not the accident resulted in a fatality. It also is contingent on the party that is the subject of the lawsuit.
There is a time limit of four years from the date of the motorcycle accident for filing injury claims related to that accident. The court will make an exception to the rule only in extremely unusual circumstances.
The statute of limitations for bringing a claim for wrongful death in connection with a motorcycle accident is two years. In the event that someone is killed in a motorcycle accident, and they have surviving family members, the law in Florida permits those family members to make a claim for wrongful death.
When the plaintiff is seeking injury for injuries sustained in a motorcycle accident and the defendant is a government agency, the plaintiff has three years from the date of the accident to bring a case. In the event that a motorist operating a government vehicle is found to be at fault, the related government agency or subdivision will be the target of the lawsuit.
Product liability claims that caused injury due to defective motorcycle components such fuel tanks, throttles, or tires must be filed within four years after the injury. The statute of limitations is four years in cases where the defect leads to an injury, and it is two years in cases where the injury results in death.
You have a window of opportunity of four years to file a claim in court for compensation for property damage resulting from a motorbike accident.
Slips and Falls
For injuries sustained as a result of slipping and falling, the statute of limitations is four years.
When one person causes another person physical injury using force, this is called battery. The act of attempting to inflict injury or threatening to do so is known as assault. You have up to four years from the date of the occurrence to bring a case in accordance with Florida law if you are a victim of either of the two.
The defendant of a personal injury lawsuit can move to dismiss your case if you file past the statute of limitation. It is very probable that the court will deny your case and the judge will prohibit you from seeking any further legal action regarding your injury. Although your claims might be strong and convincing, they are nullified if you miss the statute of limitation; thus, loosing the ability to receive any compensation for your injury.
Call Nooney, Roberts, Hewett & Nowicki Now!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience assisting clients seek the compensation they rightfully deserve. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive personal injury attorneys! ¡Hablamos español!
Our team of lawyers will be at your side, guiding you throughout the complicated legal process. Give us a call today!
[1] FLA. STAT. § 95
[2] FLA. STAT. § 768.28
[3] FLA. STAT. § 95.11(2)(b) 4 Id. at (4)(b) 5 Id.
Numerous federal statutes control conduct on the high seas. The Jones Act is one of the most crucial statutes for marine personnel to comprehend. The Jones Act is one of the most well-known maritime statutes, and only maritime and Jones Act attorneys with extensive expertise fully comprehend its reach.
Under the Jones Act, maritime employees injured on the job are entitled to compensation for their injuries, and hiring an experienced attorney is the first step in obtaining the compensation you and your family deserve following a workplace injury.
The Jones Act does not apply to all situations involving marine harm. In 1920, Congress adopted the Jones Act to establish the rights of seafarers to compensation for on-the-job injuries. The objective was to provide safety for sailors and their families.
The Jones Act, together with a claim for unseaworthiness, is an additional method for seafarers to sue their employers for damages in a jury trial if they are injured while working at sea since they are not eligible for standard workers' compensation for job-related injuries. The Jones Act contains references the Federal Employer's Liability Act, which permits railroad workers to sue their employers for damages.
To succeed under the Jones Act, wounded sailors must demonstrate that they were harmed on the job and that their employer's carelessness caused the damage. For a seaman's Jones Act claim to be valid, he or his family must demonstrate the following:
Are You a Seaman?
For the Jones Act to apply to your case, you must be a seaman as defined by the law, which means you must be working aboard a vessel and performing its duties. Your responsibilities must have contributed to the function or mission of the vessel or vessels to which you were assigned.
Next, you must pass the connection test, which requires that you have a connection to the vessel that is substantial. At least 30 percent of your employment must be tied to the ship's purpose or mission to qualify for seaman status. According to the Jones Act, crew members, officers, engineers, and fishers all qualify as seamen.
What is Negligence?
Negligence is the failure to take the degree of care that a reasonable person would in the same or comparable circumstances. A shipowner or employer owes an ongoing obligation to a seaman or fisherman engaged to undertake work onboard its vessel to provide a safe place to work and to maintain and keep the vessel in a reasonably safe state using ordinary care under the circumstances. In accordance with the legislation, a "safe place to work" is defined as a location where work may be conducted without exposure to unreasonable risk or harm if the worker exercises reasonable care for his own safety. Employers are liable for the conduct of their officers, agents, and workers.
Examples:
To recover from damages under the Jones Act, the injured sailor must demonstrate that his or her employer's carelessness had a role in causing his injuries, no matter how little. The sailor may obtain compensation under the Jones Act regardless of the employer's or shipowner's contribution to the damage.
What Can Be Recovered
Injured sailors are entitled to compensation for past and future lost income, past and future pain and suffering, and past and future medical expenses. If the damage causes the seaman's death, his family may file a wrongful death claim and a survival claim. The family can claim wrongful death damages for the seaman's loss of support, loss of services, loss of nurturing, loss of training and education, loss of inheritance, and any conscious agony and suffering he suffered before to his death. Under general maritime law, the employer is responsible under the doctrine of maintenance and cure, which means the employer must pay the injured seaman a stipend plus medical expenses while he or she recovers and until he or she reaches maximum medical improvement – or, in other words, until he is done with treatment.
Why You Require a Lawyer
The Jones Act is a formidable tool for wounded seamen seeking compensation for marine injuries sustained on the job. The Jones Act provides marine employees with a far higher possibility of recovery than workers' compensation ever could. However, the legislation is complicated, and you must establish several circumstances to recover under it. Also, the vessel owner, who is typically the employer or a related company, has the option to file a Petition for Limitation of Liability, which would allow the owner to limit your recovery to the value of the vessel at the time of the accident – even if the vessel is at the bottom of the ocean.
The statute of limitations for a Jones Act claim is three years unless the plaintiff was harmed on a vessel owned by the United States or a state, in which case the notification period is 22 months, and the suit period is two years. If you file a claim for compensation after the statute of limitations has expired, your claim will be refused. If your employer files a Petition for Limitation of Liability, you have even less time to bring an action; if you do not, the court will restrict your recovery to the value of the boat, and you will be unable to collect more.
After a maritime work accident, a wounded sailor should call the experienced attorneys at Nooney, Roberts, Hewett & Nowicki today. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our knowledgeable maritime attorneys!
A Motion to Reopen Removal Proceedings permits you to request that the immigration judge or the Board of Immigration Appeals review new evidence that may alter the outcome of your deportation proceedings. The filing cost for the motion is $110, and it must be submitted to the administrative agency that previously administered your case.
For instance, if your case was previously considered by the immigration court in Orlando, Florida, you must submit the Motion to Reopen with that court, even though you no longer reside in that area.
What Makes it Possible to Reopen My Case?
When submitting a motion, the most crucial factor to examine is whether there is newly accessible evidence or a significant change in the law that might alter the result of your case. For instance, a political shift in an asylum seeker's country of deportation that might lead to persecution has been considered to satisfy this condition.
In addition, a recent case from the Supreme Court of the United States, the Circuit Court having jurisdiction over your case, or the Board of Immigration Appeals may constitute fresh developments that may permit you to reopen your case. A recent marriage or the birth of a U.S. citizen child has also been utilized to reopen a case before the immigration court.
Before submitting your request, you must consult with a professional immigration attorney, since this prerequisite is critical. Call Nooney, Roberts, Hewett & Nowicki at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive immigration attorneys!
When Do I Need to File My Motion?
This is a complicated subject, and the answer relies on the circumstances surrounding the reopening of the case. Once new evidence becomes available or the court decides the new case, you should file your motion as soon as possible.
Depending on the jurisdiction, there may be no deadline for filing a reopening motion based on breaches of due process, but the motion should be made as soon as practicable.
The Board of Immigration Appeals (BIA)
The Board of Immigration Appeals (BIA) is one of the immigration appellate bodies. Senior Board members consider appeals from immigration courts or the Department of Homeland Security. The Board also hears practitioner disciplinary proceedings.
How Long Do I Have to Appeal the Decision of an Immigration Judge?
You have thirty days to appeal an immigration judge's ruling. This deadline is jurisdictional, which means that if you miss it, you cannot appeal your case without having the immigration judge reopen it. In addition, if you miss the deadline, Immigration and Customs Enforcement may deport you from the United States. It is imperative that you meet this deadline.
What is Subject to Appeal to the Board?
As stated before, the BIA hears a variety of matters, including bond denials, immigrant visa petition denials, and immigration judge relief denials. Unless you come under an exemption or get a fee waiver from the BIA, there are often expenses involved with appeals. A motion to reopen an in absentia removal order, for instance, is free of charge.
Are the Board’s Decisions Made Public?
The BIA rules on hundreds of cases each year but does not publish the majority of them unless the case modifies the existing law or is a case of first impression, meaning the BIA has never dealt with the problem before. Cases determined by the BIA are typically binding on all immigration courts unless the BIA restricts their applicability to a specific region.
Can I Appeal the Judgment of the Board in My Case?
In extremely limited situations, you may appeal the BIA's judgment to the United States Circuit Court with jurisdiction over your matter. A Circuit Court cannot review, for instance, a BIA decision based on the exercise of discretion, such as a rejection of Cancellation of Removal. If there was a breach of the law or if the issue involves the interpretation of the law, the Circuit Court may reconsider the judgment. For instance, if the BIA dismisses your case on the basis that you are a felon, the court may reconsider the Board's judgment about the severity of the offense. The initial step is to file a Petition for Review with the court and adhere to the specified filing deadlines. If your Ask for Reconsider is denied by the Circuit Court, you may petition the Supreme Court of the United States to review the judgment. If the court allows your petition, it will be sent back to the BIA for additional processes.
Who Oversees the Board?
The Board is a division of the Department of Justice under the Executive Office for Immigration Review (EOIR). As the head of the Department of Justice, the Attorney General of the United States oversees this office.
Call Nooney, Roberts, Hewett & Nowicki Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have vast experience assisting individuals with motions to reopen removal proceedings. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our knowledgeable immigration attorneys! ¡Hablamos español!
In 2012, President Barack Obama's administration issued an executive order to establish Deferred Action for Childhood Arrivals (DACA). This memorandum established a non-congressionally approved program that allowed qualified persons who entered the United States as minors and satisfied the program's qualifications to submit a request to USCIS to qualify for the program's benefits.
DACA recipients are people who came to the United States at a very early age. Most of these people were ignorant of their illegal immigration status until they attempted to obtain a driver's license or apply for university financial aid. These grantees are also known as DREAMERS, a term taken from the DREAM Act, which Congress failed to enact many times.
Approval of an application confers a two-year postponement of removal from the nation, work permit eligibility, and eligibility for federal benefits such as Medicare and Social Security. Additionally, those who qualify may reapply and renew their DACA privileges every two years. Every two years, the application price for DACA is $495. Although this program does not provide a road to citizenship, it has provided about 800,000 illegal immigrants with a reprieve from deportation and enhanced their quality of life via economic opportunities.
Who Qualifies for DACA?
Since the program's inception in 2012 and until the end of 2019, 2,555,033 DACA petitions have been approved, while 183,187 have been refused. According to data released by USCIS, more than ninety percent of DACA applicants have been granted. Even if you have been or are now involved in removal proceedings, you may apply for deferred action provided you fulfill the DACA standards.
According to U.S. Citizenship and Immigration Services, if you match the following conditions, you may be eligible for DACA:
At the time you submit your DACA application to USCIS:
To qualify for DACA, you must also be at least 15 years old unless you are in removal proceedings. If you match all these criteria, you are qualified for DACA and can apply immediately by completing form I-821D with USCIS.
Benefits of DACA
After your application has been granted by USCIS, the U.S. government is prohibited from pursuing deportation proceedings against you for two years. Recipients of DACA are urged to apply for renewal four to five months before the expiration of the two-year period since it may take up to 120 days to gain approval. The opportunity to receive authorization for a work permit is an additional significant feature of DACA. Applicants seeking a work visa must demonstrate to USCIS that they have an economic need to work and that a job is economically necessary. DACA recipients may also be eligible for a driver's license and in-state tuition at public colleges.
These advantages provided by DACA have contributed to the recipient's income, the state's economy, and the recipient's education. Prior to the adoption of this immigration policy, participants of the Deferred Action for Childhood Arrivals (DACA) would not have been able to contribute to the economy of the United States or the social progress of communities in a number of American cities.
Risks of DACA
Although DACA gives its beneficiaries good possibilities, the program does not provide several other perks. DACA approval does not confer permanent residence status to its participants. In addition, it does not offer a path to U.S. citizenship or grant legal status.
Consequently, a person who applies for DACA may be subject to deportation procedures. Therefore, it is advised to speak with an immigration attorney to examine the risks and advantages of applying for DACA.
The hiring of an attorney is not required to file a DACA application. However, many persons may face legal concerns during the application procedure that might compromise their acceptance. Common obstacles that might prohibit an applicant from receiving DACA acceptance may relate to the following queries.
If you replied "yes" to any of the above questions, you should consult with an expert immigration and criminal defense attorney. The experts at Nooney, Roberts, Hewett & Nowicki can assist you in comprehending the complexities of the DACA application process and determining the optimal course of action for applicants with underlying criminal concerns.
Call Nooney, Roberts, Hewett & Nowicki Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki assist individuals with their DACA applications. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive immigration attorneys! ¡Hablamos español!
Many people don't realize the difference between an individual who holds a green card and a
United States citizen. However, one similarity is that if a crime is alleged against either, they are
both subject to the same process in a criminal proceeding.
A green card holder is a lawful United States permanent resident but is not a citizen. To become
one, a green card holder must first go through the process of Naturalization.
If you, a friend, or a family member is a green card holder and has been arrested or accused of a
crime, your chances of being able to move forward through the naturalization process may be
significantly impacted and greatly hindered. Even in the event that there is a finding of not guilty
by a jury, or even if a judge dismisses all charges, while going through the process, certain
charges previously brought against you can bring your moral character into question, even
without a conviction. These alleged charges can also put you in a situation where the possibility
of deportation can likewise be put on the table.
The United States Citizenship and Immigration Service (USCIS) can deny citizenship if it even
has "reason to believe" that you are, or have been a drug addict, an abuser of alcohol as well as
having the belief that you've engaged in crimes such as the trafficking of narcotics or even a
simple accusation of shoplifting. These types of allegations as well as many others may of their
own accord, give a USCIS examiner grounds to question your moral character, which is a major
factor required for naturalization and can impede the desired outcome for full citizenship.
If an undocumented immigrant is involved in this case, in addition to an experienced criminal
defense attorney, to fight any charges brought forward, a lawyer who is a specialist in
immigration law will be needed to achieve the best possible outcome by formulating a strong
joint strategy. Call Nooney, Roberts, Hewett & Nowicki at (904) 398-1992 or fill out a fast and
convenient form to schedule a free initial consultation with our experienced and aggressive
immigration and criminal law attorneys!
At Nooney, Roberts, Hewett & Nowicki, we aware of the effects that a criminal case can have on
a noncitizen whether that noncitizen is merely a green card holder a person who is here illegally
without any status or a nonimmigrant visa holder who is here legally but for a limited time based
upon permission to reside in the United States granted to them by certain types of visas issued by
the government.
When a client is charged with a crime, we always try to not only avoid a conviction but even a
withholding of adjudication under Florida law. A withhold of adjudication which is not a
conviction under Florida law may still be a conviction for federal purposes leading to the
deportation of the client.
In the case of certain third-degree felonies in Florida, we have found it imperative to enroll our
clients in a pre-trial diversion program after which the charges against them will be dismissed
after completion of the program thereby avoiding any type of disposition that could lead to our
client's deportation. It is best in such situations to have the client avoid any admission of guilt in
the diversion papers submitted so that this admission cannot be used against them in the future.
Thereafter if possible, the client's arrest should be sealed to best protect them from adverse
immigration consequences where there is neither a conviction nor a withholding of adjudication
incurred.
In structuring the plea agreements, we believe it is a good idea to take advantage of the Federal
First Offender program set forth in Title 18 of the United States Code, Section 3607. Keeping the
case in juvenile court is also a beneficial result for the client in the right cases as well as
structuring a plea to a petty offense which may also avoid deportation.
Drug trafficking crimes can be lethal for a client who is a noncitizen and in serious cases do not
permit a waiver in immigration court. We try to avoid a plea to these charges if possible. For this
reason, our legal professionals apply for any available waivers from certain types of convictions.
Finally, it is sometimes possible in rare cases to obtain visas for cooperating witnesses and this
possibility should always be discussed in this case with the prosecutor. It can avoid deportation
in the otherwise impossible case where large amounts of drugs are involved and crimes of moral
turpitude or aggravated felonies have been committed by the client
It is important to have a skilled criminal defense lawyer, like the ones at Nooney, Roberts,
Hewett & Nowicki, who are aware of these pitfalls and others like them if you are a noncitizen
faced with criminal charges. What we do in this area of the law can have a crucial effect on how
you spend your life in this country long after a sentence is imposed and unfortunately many
lawyers are not aware of the adverse immigration consequences which can arise after conviction
of certain crimes.
So, if you or someone close to you is facing any issues involving charges while being a green
card holder or an undocumented immigrant or refugee don't delay and Call Nooney, Roberts,
Hewett & Nowicki at (904) 398-1992 or fill out a fast and convenient form to schedule a free
initial consultation with our experienced and aggressive immigration and criminal law attorneys!
People who are intoxicated while driving risk causing serious, maybe deadly injury to others as a result of their careless decisions. A victim’s family is devastated when a drunk driver collides with their loved one, as he or she can sustain severe injuries. Pedestrians are fortunate to survive a collision with a drunk driver. Injured victims of accidents are frequently forced to leave extended periods of work, resulting in a loss of income while their medical bills continue to accrue. The financial strain exacerbates the emotional distress associated with injury and recuperation.
If you were injured or lost a loved one in a car accident involving a drunk driver, Florida law allows you to seek compensation for damages relating to the auto accident and your loss. The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience assisting victims of drunk driving accidents seek the compensation they deserve. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive drunk driving accident attorneys! ¡Hablamos español!
Drunk Driving Statistics in Florida
Drunk driving deaths have reduced by more than 30 percent in the United States during the past three decades[1]. Yet, about 30 individuals every day continue to die in drunk driving accidents. According to data from the Florida Department of Highway Safety and Motor Vehicles drunk driving has declined in Florida in recent years[2].
How Does Florida's No-Fault Insurance Affect an Accident Caused by Drunk Driving?
Property damage liability (PDL) and personal injury protection (PIP) coverage must be at least $10,000 each for Florida citizens who register a motor vehicle, according to the state's no-fault insurance regulations[3].
When an accident happens, each driver files a claim with his or her own carrier to recoup accidentrelated damages. PIP coverage in Florida covers the following:
When the injuries sustained in a drunk driving accident are serious, it is not unusual for victims to swiftly surpass their PIP coverage limit. In these situations, plaintiffs must seek compensation for their damages with the assistance of a knowledgeable Florida personal injury attorney with experience in vehicle accidents and drunk driving incidents. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive drunk driving accident attorneys!
Florida Law Regarding Third Party Liability
In several incidents involving drunk driving in Florida, the intoxicated motorist is readily held accountable for damages. However, in rare instances, a third party or parties may share culpability with the driver. Some instances are when a third party is an employer, business, or host.
If an employee under the influence of alcohol causes an accident while using a corporate vehicle, a Florida court may hold the employer partly responsible for the resulting damages. Under Florida law[4], restaurants, bars, and other businesses that knowingly serve "a person habitually addicted to the use of any or all alcoholic beverages" or a minor under the age of 21 may be liable for damages if the person they served causes harm to another in a drunk driving accident after leaving their establishment. Those who offer alcohol to others in a social situation, such as a party or celebration, may be responsible for damages if they serve an alcoholic or a juvenile with knowledge.
Seeking Compensation for Your Damages
When you exhaust or surpass the limitations of your statutory PIP coverage, which extends to pedestrians, motorists, and children in your car, you can sue the drunk driver who caused you damage for further compensation. If a court in Florida finds in your favor, you may be awarded punitive and compensatory damages. Punitive damages are reserved for exceptional instances; thus, you should not anticipate them. Your attorney will provide you with information on the potential of punitive damages in your case.
Florida courts often award compensatory damages to compensate plaintiffs for economic and noneconomic losses linked to the accident and injuries in personal injury lawsuits. The most often granted compensatory damages include medical treatment, lost wages, pain and suffering, loss of quality of life, and loss of consortium.
Depending on your relationship with the deceased, if you lost a child or other family member in a drunk driving accident, you may be entitled to compensation through a wrongful death action. In a Florida wrongful death lawsuit, you may be able to collect some of the aforementioned damages as well as burial and funeral costs. Our skilled attorneys will advise you on what situations pertain to your family.
The Importance of Hiring an Attorney
Our Jacksonville drunk driving accident attorneys have spent years honing the skills necessary to assist you in achieving a favorable outcome in your case. These skills include guiding you through the legal process, providing you with the information you need to make an informed decision about whether to accept a settlement offer, filing court-required paperwork on time, attending all pretrial conferences and hearings, and collecting your settlement or award.
Call Nooney, Roberts, Hewett & Nowicki Today! The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience assisting victims of drunk driving accidents seek the compensation they rightfully deserve. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive drunk driving accident attorneys! ¡Hablamos español!
[1] Drunk Driving Statistics and Resources, NATIONAL HIGHWAY TRANSPORTATION SAFETY ADMINISTRATION. U.S. DEPT. OF TRANSPORTATION. https://www.nhtsa.gov/risky-driving/drunk-driving (last visited May 10, 2022).
[2] Traffic Crash Facts: Annual Report 2017. FLORIDA HIGHWAY SAFETY AND MOTOR VEHICLES. https://flhsmv.gov/pdf/crashreports/crash_facts_2017.pdf (last visited May 10, 2022).
[3] Florida Insurance Requirements. FLORIDA HIGHWAY SAFETY AND MOTOR VEHICLES. https://www.flhsmv.gov/insurance/ (last visited May 10, 2022).
[4] FLA. STAT. § 768.125
You may have concerns about the complexity of legal language if you are involved in a divorce or a trial, and may ask yourself, "what is a deposition?" A deposition may be conducted before to a criminal or civil trial. A deposition is conducted as part of the discovery procedure to learn more about the case.
In essence, the deposition is a recorded statement delivered under oath in response to oral examination. There are two primary functions of a deposition. The first is to determine precisely what a witness or case participant understands, and the second is to preserve that testimony. The objective is to ensure that all parties are informed of all relevant information prior to trial, so there are no surprises when the witness takes the stand.
The deposition improves everyone's understanding of the case, hence, why depositions are done before trials. For instance, if it is discovered during a deposition that a witness's version of events might be unfavorable to one party or the other, there is time to prepare a rebuttal for trial.
A deposition also saves testimony, so that if a witness changes their story at trial, the deposition can be used to discredit them. All parties interested in the matter may attend the deposition, and while both sides' attorneys are present, they play a significantly less role than in court. The duration of depositions can range from an hour to weeks.
Difference Between Civil and Criminal Depositions
Civil and criminal depositions are all very distinct from one another. A deposition can be taken in a civil or family law matter to find pertinent facts; but, in a criminal prosecution, a deposition cannot typically be taken against the defendant. It would most likely be utilized to investigate witness testimony or prospective police officer testimony.
For a court to accept a criminal deposition of the defendant, exceptional circumstances must be present, and the interests of justice must be served. Civil depositions—out-of-court oral testimony recorded in writing for the purpose of gathering evidence and later utilized in court—are far more prevalent than criminal depositions. Civil depositions are utilized in legal matters such as vehicle accident claims, malpractice claims, and divorce processes.
Where do Depositions Take Place?
Generally, depositions are held at the office of the opposing attorney who is deposing you, but they can alternatively be taken in a neutral office space supplied by another attorney. The majority of criminal depositions take place in the prosecutor’s office. A court reporter records the deposition and eventually gives a detailed transcript of the deposition. Occasionally, a deposition may be filmed.
Depositions may be anxiety-inducing and unpleasant and are often not enjoyable. Being wellprepared for your Florida deposition might significantly reduce your anxiety. If you have all the necessary information and understand the steps required in a Florida deposition, the process will likely be straightforward and uncomplicated. At the commencement of your deposition, you will be asked a series of questions, including:
You should also be informed that once the transcript is completed, you will have the option to make adjustments; however, if you alter a "yes" response to a "no" one, opposing counsel may remark on the change at trial.
Despite the fact that no one is expected to recall every single detail, accuracy is crucial throughout your deposition. Additionally, it is crucial throughout the trial. If your testimony differs from your deposition while on the stand, the opposing counsel will likely utilize this to undermine your credibility or sow doubt in the minds of the jurors.
Can My Attorney Object to a Question During my Deposition?
Despite the possibility of challenges by the attorneys, the individual being questioned must generally answer truthfully. False statements made under oath are punishable by both civil and criminal sanctions. Nevertheless, your attorney may file a form objection.
Typically, a form objection challenges the way in which the question is stated, not the issue itself. Ambiguous questions, questions that inquire about many topics at once, leading questions, argumentative questions, speculative questions, and inquiries that presuppose unproven facts can all result in a form objection.
In some instances, a form objection enables your attorney to advise you, without your knowledge, to answer the question with extreme caution.
There are uncommon instances where an attorney may be justified in ending a deposition. Florida law says that “At any time during the taking of the deposition…upon a showing the examination is being conducted in bad faith or in such a manner as to unreasonably annoy, embarrass or oppress the deponent or party…the court may limit the scope and manner of the deposition.”[1] In addition, if an attorney feels that the information requested from the witness will cause irreparable harm if disclosed, he or she may suspend the deposition and submit a motion for protective order[2].
What Questions Can I Expect to Be Asked About?
The questions you will be asked will depend on the details and type of case. You will first be questioned about your personal and educational background.
After providing your name and address, and maybe your date of birth, you may be asked questions about your educational experience, such as when you graduated from high school, whether or not you attended college, and whether or not you hold a degree.
You may be asked where you currently reside, how long you've lived there, if you own or rent your residence, and with whom you reside. You may be questioned if you have been previously married and where and for how long you lived prior to your current domicile.
You may be asked a variety of work-related questions, pertaining to both your present and former employment. You may even be questioned why you left a particular job.
If your case includes a car accident or a workplace accident, you will be requested to provide a thorough description of the accident and your injuries. You may be questioned if you visited an emergency room or other medical institution, how long you missed work due to the accident, and about your current medical treatment plan.
You may be asked to score your pain on a scale from 1 to 10 (10 being the worst) or to explain it in words. You may be asked to describe the impact of your injuries on your daily life. Typically, your deposition questions will be asked in chronological sequence, i.e., from the time of your injury to the present. Additionally, you may be requested to identify, explain, or validate documents.
How to Prepare for your Florida Deposition
If you have not previously done so, the first step you should take prior to your deposition is to schedule a meeting with your attorney. This meeting provides you with the opportunity to ask questions about your deposition and to gain an understanding of the sorts of questions you may be asked. If you have answered written questions relevant to your case, referred to as interrogatories, you should study them with your attorney and familiarize yourself with the responses you supplied.
Credibility is crucial in depositions. Count on being held accountable during your trial if you fail to speak the truth or make conflicting statements. You do not want opposing counsel to remind you that you stated something different during your deposition and question whether you are lying. Apart from ensuring that your responses are accurate and consistent, it would be best if you also considered the following ideas to improve the flow of your deposition:
Call Nooney, Roberts, Hewett & Nowicki
Please call us at (904) 398-1992 or fill out a quick and convenient form to schedule a free initial consultation with our aggressive personal injury and criminal attorneys! We conduct consultations in Spanish too! At Nooney, Roberts, Hewett & Nowicki, our team of lawyers will be at your side, guiding you throughout the process. Give us a call today!
[1] FLA. R. CIV. P. 1.310(d)
[2] FLA. R. CIV. P. 1.280(c)
After an automobile accident in Florida, a surviving family member can file a claim in civil court for wrongful death. Before submitting a claim, the family member must gather evidence to back up their claim, establish culpability, evaluate the worth of their claim, comply with the statute of limitations, and then file their claim with the court.
It is heartbreaking to lose a family member. Many people's grief is exacerbated by the knowing that their loved one's death may have been avoided. A wrongful death claim can help you hold the responsible person accountable and seek compensation for your losses.
If you are suffering as a result of the death of a loved one in an automobile accident, you may be entitled to file a wrongful death claim against the guilty party. Our experienced wrongful death attorneys at Nooney, Roberts, Hewett & Nowicki can assist you with this difficult procedure. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive dram shop attorneys! ¡Hablamos español!
A wrongful death, according to Florida law[1], is one caused by another party's wrongful act, carelessness, default, or breach of contract.
You might be eligible to file a wrongful death claim against the other motorist if they were under the influence of alcohol at the time of the accident that killed your loved one.
A wrongful death lawyer can assess the facts of your case and decide whether you are entitled to submit a claim. Call us today!
Who Is Qualified to Pursue a Wrongful Death Claim in Florida?
A wrongful death claim must be filed on behalf of a spouse, surviving children, parents, or other dependents by the personal representative of the victim's estate. The personal representative is usually the executor of the estate, as specified in the victim's will. If they died without leaving a will or choosing an executor for their estate, the court will appoint someone to operate on their behalf.
The surviving family of a wrongful death victim is entitled to a wide variety of damages. The actual worth of a case is determined by a number of circumstances, including the length of time the victim lived after the accident, if they had children, and the expense of their funeral or burial.
Survivors are entitled to the following damages:
Compensation won't get rid of your suffering. It is unable to bring back your loved one. However, recouping your family's financial losses might help to alleviate your financial stress.
You have four years from the date of your loved one's death in Florida to initiate a wrongful death lawsuit in court.
Four years may seem like a long time, but constructing a wrongful death case may take a long time. It requires collecting evidence to establish liability and damages. We may need to employ accident reconstruction specialists, physicians, and other professionals and meet with them.
You should obtain legal assistance as soon as possible. This can assist in preserving evidence while also giving your attorney time to establish a strong case for you.
You have the right to hold the individual who caused your loved one's death liable if they died in an automobile accident. You may be allowed to pursue compensation through a wrongful death lawsuit even if criminal charges have been brought.
We realize how difficult this period might be. During this trying time, our caring legal team at Nooney, Roberts, Hewett & Nowicki is here for you. Allow us to handle the legal aspects of your case so you may concentrate on your family. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with one of our wrongful death attorneys at Nooney, Roberts, Hewett & Nowicki if you are a surviving family member looking to sue for wrongful death after a car accident in Florida.
[1] FLA. STAT. § 768.21
When you hire us, we will handle all communication with your insurance and the other party’s insurance. Even if your injuries are evident and responsibility is obvious, we are prepared to haggle with insurers during post-accident compensation talks. First, we gather all essential papers and other proof to support our claim and deliver it to the insurance in the form of a written demand letter[1]. The letter describes your injuries and medical treatment, lists your lost wages and any other losses, and explain why the insured party was at blame for the accident. We never confess culpability in these letters.
Because we expect the insurance adjuster to react with a modest counteroffer, generally accompanied by a statement that our claim is missing in some manner, our initial demand letters ask for a reasonably large sum. The insurance adjuster will raise the counteroffer and the talks will continue until the two parties reach an agreement on a settlement sum or we opt to go to trial.
During settlement negotiations, disagreements frequently arise over the scope of the policy's coverage. Because the insurer was in charge of creating the policy, any ambiguities in it will almost certainly be read in your advantage.
The most common issues are: whether the insurance policy is enough to pay for injuries, the extent of the injuries, and the cause of the collision.
An insurer may also be dubious of the injuries we allege and the care you require for them. This is why you should thoroughly document what transpired after the accident and send this information to us as soon as possible. When a person has pre-existing problems that were aggravated by the event, a disagreement about injuries or treatment is more likely.
An insurer may challenge our notion of who caused the accident and argue that you contributed to it in some cases. This can have a big influence on the amount of money you get in damages.
During negotiations, there are a few things lawyers keep in mind. Before writing their initial demand letter, they make sure you examine the value of your claim. This entails calculating medical fees, missed wages, future treatment costs, and more subjective losses such as pain and suffering. They also decide on the minimal amount you will accept to settle your claim and they do not share that information with the insurer. Throughout the process, we are courteous, patient, and keeping note of what the insurance has offered.
A reserve of rights letter is very common. It just indicates that the insurer is looking into the claim but does not promise to pay you anything if the accident is found to be not covered by the policy. This is a strategy to protect an insurance company from being held liable just because the victim and the insurance company are discussing a settlement.
For victims of some types of accidents, such as those caused by uninsured or underinsured drivers, we may need to file claims with their own insurance companies. A first-party claim is what this is called. We look over your policy's particular terms and make sure we’re following any regulations it lays forth.
Disputes can develop when an insurer requests an independent medical examination (IME) from an insured. An insurer's entitlement to an IME is restricted to one examination, for which the insurer is responsible, and it should be limited to assessing the injuries for which you are seeking compensation.
Because insurers are profit-driven businesses, it is in their best interests to keep the value of a claim low. An adjuster may occasionally go too far and contravene the law or the policy's conditions.
When many parties and insurers are involved, one insurer's adjuster may inform us that the claim is being handled by another party or insurer. You have the right to sue any insurer involved until one firm makes a formal pledge to be the principal insurance carrier for the claim.
We may have a separate claim against an insurer if we feel they are behaving in bad faith. This may result in damages in addition to the accident compensation you get.
Call Us Today for a Free Initial Consultation!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of legal experience. Let us do the fighting for you. We fight to attain the compensation you deserve. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive dram shop attorneys! ¡Hablamos español!
[1] I would hyperlink “demand letter” to Article No. 1 in this document on Page 2, “Typical Timeline of a Florida Motorcycle Accident Lawsuit.”
Every year, alcohol causes thousands of avoidable deaths and injuries in the United States. Despite policymakers' and activists' best efforts to avoid accidents (which have been partially successful), drunk driving remains a massive problem.
Individuals who are injured in these incidents endure a protracted rehabilitation, with obstacles that extend beyond physical pain and suffering. Medical bills, missed pay, and emotional stress are among issues that many victims encounter.
It's tough to know where to turn in such a grave situation. Fortunately, Florida law provides harmed people with a path to recovery. They may be eligible to initiate a lawsuit against the at-fault person, seeking compensation for their losses.
While drunk individuals may be held liable, Florida's dram shop statute establishes a cause of action against a third person—the party who provided the alcohol.
According to Florida law[1], "a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.”
The statute permits victims to sue any bartender, liquor shop owner, or other vendor who supplied the parties that caused their injuries for compensation. This might significantly boost the value of a drunk driving accident lawsuit since it allows victims to pursue third parties who may have far greater resources.
Thousands of automobile accidents, falls, and burns are caused by alcohol use. According to the National Institute on Aging, approximately 10,000 individuals died in drunk driving automobile accidents last year, accounting for 31% of all driving deaths[2].
According to the National Highway Transportation Agency (NHTA), drunk drivers (BACs of.08 g/dL or above) account for around one-third of all highway deaths in the United States[3]. In one
recent year, 10,511 persons were killed in these avoidable collisions. In fact, over 10,000 people died in drunk driving crashes every year on average over a ten-year period[4].
In Florida, an above-average proportion of drivers admit to driving after drinking too much[5], which explains why the state continues to suffer from drunk driving injuries and deaths.
When Can a Third Party Be Held Liable?
When an injured person can hold a third party liable is determined by the law's language. Victims may be eligible to file a lawsuit against two types of persons under Florida law: (1) those who provide alcohol to someone who is not of legal drinking age, and (2) those who serve alcohol to known alcoholics.
Let's look at each category individually:
The use of the word "willfully" in the legislation is significant since it implies that ordinary carelessness is insufficient to establish culpability.
Servers must know that the individual is under the legal drinking age to be held liable under the state's dram shop statute. The plaintiff might use circumstantial or direct evidence to show that the defendant had this information.
An adolescent, for example, may request a drink in a pub. The adolescent has a relatively youthful appearance, is dressed in a high school letterman jacket, and has other physical characteristics that suggest his youth. Because sufficient circumstantial evidence exists to prove that the server knows the minor's age, the bartender may be held liable if the teenager exits the pub and causes an accident.
However, if there were no evident signs of the teenager's age and the bartender simply failed to verify the teenager's I.D., circumstantial evidence is insufficient.
Surprisingly, under Florida law, the bartender does not have to serve the underage drinking personally to be held liable. For example, if a bartender knows that alcohol served to an adult customer would eventually be drank by a minor, this is enough to prove culpability.
You may believe you know what a person addicted to alcohol looks like. However, Florida's dram shop legislation defines “habitually addicted” in a very particular way.
The legal definition originated from a case in which the Florida Supreme Court established that “someone whose habit of indulgence in strong drink is so fixed that he cannot resist getting drunk anytime the temptation is offered, with the inebriety frequent, excessive, and the dominant passion.”[6]
This term has been built out over time by case law. A plaintiff can use circumstantial evidence to show that the seller knew the individual being served was a frequent alcoholic, according to the courts. The plaintiff, for example, may present proof showing the seller was aware of the person's drinking tendencies.
Serving an individual a considerable number of drinks on several occasions would be circumstantial evidence to be weighed by the jury in assessing whether the vendor knew that the person was a chronic drinker according to a Florida case[7].
What Kinds of Damages Are There?
When a court determines in a plaintiff's favor in a civil matter, the court will compel the defendant to pay damages. Damages are monetary awards designed to compensate plaintiffs for harm sustained as a result of the defendant's carelessness or misconduct. Damages are meant to make affected parties whole again by restoring them to the state they were in before to the disaster.
A plaintiff in a dram shop legal lawsuit might get one of two types of damages: monetary damages or non-monetary damages.
When a plaintiff claims monetary damages, they are looking for money to compensate them for losses that can be measured in dollars, such as medical costs and lost income. The easiest to show are monetary damages, which may be proven using financial documentation such as pay stubs.
Non-monetary damages cover claims for which a monetary sum is difficult to assign, such as pain and suffering, loss of consortium, and loss of future wages.
Non-monetary damages are more difficult to prove since they do not cover monetary losses that can be easily documented with a bill or note. As a result, non-monetary claimants are frequently asked to provide expert witness testimony, such as that of a doctor or psychologist.
Who is Immune to Being Sued?
Florida's dram shop legislation used to be substantially more expansive than it is now. The rule was reduced in scope in the mid-twentieth century, allowing just two types of people to be held
liable: those who gave alcohol to an underage drinker and those who served alcohol to a regular addict.
The social host is one of the most important exceptions to the dram shop regulation. The rule only applies to people and businesses who sell alcohol to the general public, not to those who serve beverages at a private event. Of Nevertheless, different laws and regulations may nonetheless hold these private social hosts liable.
Are There Any Punitive Damages?
As previously stated, damages are used by courts to recompense victims for their losses (financial, bodily, and mental) as a result of the defendant's actions. However, in uncommon cases, the courts will deploy damages for another purpose—to punish the defendant. Punitive damages are what they're called.
Punitive damages are only utilized in the most egregious cases. In general, the defendant's behavior must be so reprehensible that the court feels forced to convey a message to the offender and the rest of society that such behavior will not be accepted in the future. Before imposing punitive damages, a court must usually decide that the defendant's acts were willful and reckless or excessively negligent.
Florida, like many other states, has guidelines for when punitive damages can be awarded. Plaintiffs can only seek punitive damages in Florida if they can show that the defendant was directly responsible for willful wrongdoing or gross negligence[8].
Intentional misconduct, according to the law, means that the defendant had actual knowledge of the wrongfulness of the conduct and the high likelihood of injury or damage to the claimant and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage to the claimant.
Third-party servers may be held liable in the context of a dram shop action if they supplied a man who was regularly addicted to alcohol, had a history of drunk driving offences, and was likely to get behind the wheel after they served him. Of course, the plaintiff would have to show that the server was aware of the aforesaid circumstances, which may be problematic.
A judgement of punitive damages typically entails a large sum of money for the plaintiff. The plaintiff is frequently awarded compensation that exceeds what is required to cover the plaintiff's injuries and associated expenditures.
Finally, like several other states, Florida limits punitive damages. Punitive damages in Florida are limited to the greater of three times the amount of compensatory damages granted to each claimant or $500,000[9].
Injuries sustained in a major vehicle accident can impact the lives of victims forever. Things they formerly took for granted may no longer be available. They may face a lengthy road to recovery if they sustained major bodily injuries, which may include surgery, rehab, and physical therapy. Furthermore, patients may incur large medical debt if their insurance does not cover this treatment. Furthermore, if the wounded folks are unable to work for a lengthy period of time, they may lose their employment.
The stress on victims and their families is frequently unbearable. If the collision was caused by drunk driving, the situation becomes much more unpleasant. It may be tough to realize that the accident may have been averted if the driver had just elected to take a cab instead of getting behind the wheel.
The journey to physical and emotional recovery for many victims and their families begins with filing a drunk driving accident lawsuit against the motorist. However, the driver may lack considerable financial means in many cases.
Thankfully, Florida law provides alternative choices for victims of alcohol-related incidents. The wounded may sue not just the individual who caused the accident, but also the person or business that provided the alcohol, such as a bar or liquor store owner, under the state's dram shop legislation. This extension of culpability makes a case more plausible, and the odds of a big financial reward more likely.
A successful lawsuit against a nightclub or bar may result in compensatory damages, which may assist the victim in covering treatment and recovery costs. Contacting a drunk driving accident attorney with experience managing dram shop lawsuits is the first step toward recovery.
An attorney is familiar with the subtleties of the law and is aware of the evidence required to establish a case. Many dram shop and drunk driving lawsuits need substantial investigation and discovery. This procedure can be swiftly and successfully managed by an attorney.
An attorney is more than a suit-wearing professional. In a moment of considerable uncertainty, attorneys provide a sympathetic ear and forthright, trustworthy counsel. Many lawyers, thankfully, provide a free initial session during which the attorney can assess the client's situation.
Even if they do not intend to file a case, victims should contact an attorney. Drunk driving accident claims necessitate a thorough investigation that might take weeks or months. Delay in filing merely means that defendants will have to wait longer for the help they require. Drunk driving accident cases in Florida have a four-year statute of limitations. If you do not submit by this time, you may lose your right to legal action forever, so call a drunk driving accident lawyer right once.
Call Nooney, Roberts, Hewett & Nowicki Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of legal experience. Let us do the fighting for you. We fight to attain the compensation you deserve.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive dram shop attorneys! ¡Hablamos español!
[1] FLA. STAT. § 768.125
[2] Facts About Aging and Alcohol, NATIONAL INSTITUTE ON AGING, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. https://www.nia.nih.gov/health/facts-about-aging-and-alcohol (last visited May 4, 2022).
[3] Drunk Driving Statistics and Resources, NATIONAL HIGHWAY TRANSPORTATION AGENCY, U.S. DEPARTMENT OF TRANSPORTATION. https://www.nhtsa.gov/risky-driving/drunk-driving (last visited May 4, 2022).
[4] Id.
[5] Sobering Facts: Drunk Driving in Florida, NATIONAL CENTER FOR INJURY PREVENTION AND CONTROL, CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. https://www.cdc.gov/motorvehiclesafety/pdf/impaired_driving/Drunk_Driving_in_FL.pdf (last visited May 5, 2022).
[6] Todd v. Todd, 56 So. 2d 441, 442 (Fla. 1951).
[7] Ellis v. NGN of Tampa, Inc., 586 So.2d (Fla. 1991).
[8] FLA. STAT. § 768.72
[9] FLA. STAT. § 768.73(1)(a)
