🚨 Hit by a Drunk Driver? What You Need to Know About Personal Injury and Wrongful Death Lawsuits

Understanding the Legal Path After a DUI-Related Injury or Death

Getting into a serious car accident caused by a driver under the influence is a traumatic, life-altering event. The aftermath often includes:

  • Prolonged recovery or disability

  • Emotional trauma

  • Medical expenses

  • Lost income

  • In tragic cases, the wrongful death of a loved one

You have legal options—but timing, documentation, and proper strategy are crucial.

What Is Personal Injury in a DUI Case?

A personal injury lawsuit allows the injured person (or their representative) to sue the drunk driver for:

  • Medical bills

  • Lost wages

  • Pain and suffering

  • Emotional distress

  • Loss of enjoyment of life

  • Punitive damages (especially in DUI cases)

📌 DUI crashes often qualify for punitive damages due to reckless, unlawful behavior.

What If the Victim Dies?

A wrongful death lawsuit can be filed by eligible family members (usually the spouse, children, or parents) if a loved one is killed due to the drunk driver’s negligence.

You may be entitled to:

  • Funeral and burial costs

  • Loss of companionship or support

  • Medical expenses before death

  • Lost future income

  • Emotional suffering

  • Punitive damages

What Are Your Legal Options?

  1. Civil Lawsuit for Personal Injury or Wrongful Death

    • You (or your family) sue the at-fault driver in civil court.

    • You do not have to wait for a criminal conviction.

  2. Criminal Case by the State

    • Prosecutors may charge the DUI driver with vehicular assault, DUI manslaughter, or other crimes.

    • You can pursue a civil case in parallel.

  3. Insurance Claim

    • File against the driver’s auto policy and/or your uninsured/underinsured motorist coverage.

  4. Dram Shop Liability (in some states)

    • You may sue the bar or restaurant that served the visibly intoxicated driver.

How Long Do You Have to File a Lawsuit?

Every state has a statute of limitations (typically 2–4 years), which is the legal deadline for filing a claim. In Florida, for example:

  • Personal Injury: 2 years from the date of injury

  • Wrongful Death: 2 years from the date of death

📣 Do not wait. Once this time passes, you may lose your right to compensation—forever.

Step Estimated Time
Medical treatment & recovery Weeks to months
Case investigation & documentation 1–3 months
Filing the lawsuit Immediate (once evidence is gathered)
Settlement negotiations 3–12 months
Trial (if needed) 12–24 months

How Lexcura Summit Supports DUI Injury & Death Cases

At Lexcura Summit, our team of over 200 board-certified medical experts and legal nurse consultants supports law firms and families by:

✅ Creating precise medical chronologies
✅ Preparing narrative summaries that illustrate long-term impact
✅ Supporting life care planning for catastrophic injuries
✅ Providing expert analysis of medical records
✅ Documenting pain and suffering, loss of function, or death-related factors

We help attorneys build litigation-ready documentation that tells the full story—clearly, accurately, and fast.

📞 Have a Client Injured by a Drunk Driver? Let Us Help.

Lexcura Summit offers free case reviews (up to 250 pages) and supports attorneys and families nationwide with litigation-ready reports delivered in under 7 days.

📱 Call (352) 703‑0703
🌐 Visit www.lexcurasummit.com

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