Injured by a Drunk Driver in Fort Lauderdale? You Have More Options Than You Think.

When someone chooses to get behind the wheel drunk and that choice costs you your health, your income, or someone you love, the law gives you the right to fight back — and in Florida, that fight can go further than standard injury claims.

Florida is one of the few states where DUI injury victims can pursue punitive damages on top of full compensatory recovery. That means your claim isn't limited to medical bills and lost wages — it can include damages designed to punish the driver for conduct the law treats as willful and wanton disregard for human life. At the Law Offices of John Ameen, we evaluate punitive damage eligibility in every DUI injury case we take.

Why DUI Injury Claims Are Different From Other Car Accident Cases

Your civil claim is also completely independent of the criminal case against the driver. Whether the driver is convicted, pleads down, or walks free, your right to pursue compensation is unaffected. The criminal case belongs to the state. Your recovery belongs to you.

Why DUI Injury Claims Are Different From Other Car Accident Cases

Most car accident claims turn on negligence — who failed to exercise reasonable care. DUI cases start there and go further. A driver who was legally intoxicated didn't just make a mistake. They made a choice, repeatedly, before they ever got in the vehicle. Florida law recognizes that distinction, and so do we.

 

Under Florida Statute § 768.72, punitive damages are available when a defendant's conduct demonstrates intentional misconduct or gross negligence — and DUI crashes frequently meet that threshold. Courts have upheld punitive awards in drunk driving cases where the driver's blood alcohol level was significantly elevated, where prior DUI history existed, or where the driver was aware of their impairment and drove anyway. We investigate all of these factors from the moment we take your case.

The Criminal Case and Your Civil Case Are Not the Same Thing

One of the most common concerns we hear from DUI accident victims is this: "I don't know what's happening with the criminal case — does that affect my claim?" The answer is no. Florida's civil justice system operates independently of the criminal courts. You do not need to wait for a verdict. You do not need a conviction to recover damages. You do not need the driver to admit guilt.

 

In fact, a criminal acquittal does not bar your civil claim. The burden of proof in a civil case — preponderance of the evidence — is meaningfully lower than the criminal standard of beyond a reasonable doubt. We have successfully pursued civil DUI injury claims in cases where the criminal matter was reduced, dismissed, or still pending. Your path to compensation does not run through the prosecutor's office.

Frequently Asked Questions About DUI Accident Claims in Florida

Not every DUI accident victim was in a separate vehicle. Passengers in the drunk driver's own car are entitled to file claims against the driver's liability insurance. Being in the vehicle does not mean being at fault. It does not waive your right to compensation. It does not create a legal barrier to recovery. If you were a passenger and you were injured, you have the same rights as any other accident victim.

 

The same applies to pedestrians struck by drunk drivers, cyclists hit at intersections, and rideshare passengers whose Uber or Lyft driver was impaired. If the impairment caused your injury, the claim exists — and we can help you pursue it regardless of how you were positioned in the accident.

  • Can I sue a drunk driver in Florida even if they weren't convicted?

    Yes. Your civil injury claim is independent of the criminal case. Florida's civil courts apply a lower burden of proof than criminal courts, and a conviction is not required to recover damages. We have pursued successful civil claims in cases where the criminal charge was reduced or dismissed entirely.

  • What are punitive damages and do they apply to my DUI case?

    Punitive damages are awarded on top of compensatory damages and are designed to punish conduct that goes beyond ordinary negligence. Florida law allows punitive damages in DUI injury cases when the driver's behavior meets the standard of willful and wanton disregard for the safety of others. We evaluate this in every DUI case we handle.

  • I was a passenger in the drunk driver's car. Can I still file a claim?

    Yes. Being in the vehicle does not make you at fault, and it does not waive your right to compensation. Passengers injured in DUI crashes can file claims against the driver's liability insurance regardless of the relationship. Your right to recovery is the same as any other injured party.

  • How long do I have to file a DUI injury claim in Florida?

    Florida's statute of limitations for personal injury claims is generally two years from the date of the accident. Given that evidence in DUI cases — police reports, BAC records, witness accounts — can become harder to obtain over time, we recommend contacting an attorney as early as possible after the crash.

  • What if the drunk driver had no insurance or minimal coverage?

    If the at-fault driver is uninsured or underinsured, your own UM/UIM coverage may provide a significant source of recovery. We review all available insurance coverage — including your own policy — as part of our initial case evaluation to make sure no source of compensation is overlooked.

  • How much does it cost to hire a DUI accident lawyer at your firm?

    Nothing upfront. We handle DUI injury cases on a contingency fee basis, which means we are only paid if we recover compensation for you. There are no hourly charges and no out-of-pocket costs to get started. Your consultation is free.

What You Can Recover in a Florida DUI Injury Claim

A DUI injury claim in Florida can include compensation across several categories:

 

  • Medical expenses, including emergency care, hospitalization, surgery, rehabilitation, and future treatment costs
  • Lost income and diminished earning capacity if your injuries affect your ability to work
  • Pain and suffering, including physical pain, emotional distress, and loss of enjoyment of life
  • Property damage to your vehicle and personal belongings
  • Punitive damages, where the driver's conduct meets the legal threshold under Florida law
  • Wrongful death damages if the crash resulted in a fatality, including loss of companionship and financial support

 

We build every DUI injury claim to pursue the full scope of what Florida law allows — not just the most straightforward line items.