Do I Have A Case If I Broke My Leg In A DUI Accident In Florida?
Yes, you can sue the drunk driver if you broke your leg in a DUI accident. Under Florida law, a drunk driver is considered negligent, which means you can pursue a personal injury case for the injuries you suffered. This enables you to seek compensation for medical expenses, lost income, and punitive damages. However, you need strong evidence and an experienced lawyer to prove liability and secure the compensation you deserve.
At Todd Miner Law, we fight to protect your legal rights and use the most effective strategies based on your circumstances. Our lawyer works with medical experts to document the full impact of your injuries and any future treatment you may need. We also investigate every detail of your case and consult with accident reconstruction specialists to prove fault. Contact us today at 407-894-1480 for a free consultation to discuss your case and determine the best approach for achieving maximum financial recovery.
Can You File a Claim If You Suffered a Leg Injury in a DUI Crash?
Yes, you can take legal action if a DUI crash caused your leg injury. The process involves reporting the accident, collecting evidence, and documenting your medical treatment. However, you should take these actions quickly to protect this information and strengthen the outcome of your claim.
Here’s how you can protect your rights and build a strong case:
- Report the Accident: Reach out to law enforcement right away to create an official crash report.
- Get the Police Report: Obtain a copy because it will be used as evidence in your claim.
- Seek Medical Care: Receive prompt assessment and follow your treatment plan.
- Collect Witness Information: Gather names, contact details, and statements from people who saw the crash.
- Document the Scene: Take clear photos or videos of vehicles, injuries, and property damage.
- Notify the Insurance Company: Submit necessary documents and details without delay.
According to Florida Statutes § 95.11(3)(a), a personal injury claim must be filed within two years of the accident. If your injury is found later or the at-fault party hides their identity or whereabouts, this time limit may be extended. In such cases, having clear evidence of the delay is important to keep your right to file the claim.
Does A Broken Leg Qualify As A “Serious Injury” Under Florida Law?
Yes, a broken leg can be considered a serious injury under Florida law. This applies when the fracture is severe, such as a compound or displaced break, and causes lasting pain or requires surgery. In such cases, you may be able to pursue additional compensation beyond basic insurance coverage. Under Florida statute 316.027(2)(c), an injury is considered serious if it meets these criteria:
- Significant loss of an important body function
- Permanent injury that doctors believe will not improve
- Noticeable scars or disfigurement
- Death
Are DUI Convictions Considered Negligence in Civil Cases?
Yes, a DUI conviction is generally treated as negligence in a civil lawsuit. This means that when a drunk driving accident occurs, the at-fault driver is automatically considered to have breached their duty of care. For an injured victim, this makes it easier to recover damages in a personal injury case, since the DUI conviction itself can serve as proof of negligence. As a result, accident victims can focus on proving the extent of their medical expenses and lost wages rather than re-establishing fault.
Even without a criminal DUI conviction, an injured party can still pursue compensation through a civil lawsuit. In such criminal cases, evidence like police reports, witness statements, and blood alcohol concentration test results can show the driver was impaired at the time the accident occurred, potentially leading to criminal charges. The plaintiff must also prove that this intoxication directly caused the car accident, which led to bodily injury or property damage.
Can You Sue for Pain and Suffering After a Drunk Driving Accident?
Yes, you may seek compensation for pain and suffering after a drunk driving accident. In some cases, you may be able to recover punitive damages if the driver’s actions were particularly reckless. To file a claim, you should gather a doctor’s written opinion, prescription history, and mental health provider reports. Moreover, your own testimony, statements from loved ones, and expert opinions also strengthen your claim. These documents also help prove the impact of the accident on your life.
DUI accident victims often face these emotional challenges:
- Anxiety or panic attacks that make it difficult to feel safe.
- Depression affects mood and daily motivation.
- Fear of driving or riding in a car, leading to isolation or dependence on others.
- Flashbacks or nightmares about the accident.
- Loss of enjoyment in life due to activity restrictions
If you are suffering from these emotional effects after a DUI accident, you may be entitled to significant compensation. At Todd Miner Law, we have 32 years of experience handling DUI car accident cases for injury victims. Our personal injury lawyer will also guide you through the legal process and help you gather the evidence needed to prove your claim. Contact us to file a strong claim and hold the responsible party accountable.
Do You Need to Prove Proximate Cause or Just Intoxication to File a Claim?
Yes, you must prove both intoxication and proximate cause to succeed in a DUI accident claim. Proximate cause is the legal link between the drunk driver’s actions and the injury you experienced. It means your injuries were a direct result of the impaired driving. Without showing this connection, you may not recover the compensation you deserve.
To prove driver negligence, you can use official records like police reports and BAC test results, which document the impairment. Additionally, evidence, such as crash scene photographs or surveillance footage, can further connect the driver’s intoxication to the accident. According to the Office of Administrative Law Judges, Section 3(c) of the Longshore Act denies compensation if injuries are caused only by the victim’s own intoxication. Therefore, you must clearly show that the other driver’s intoxication caused the accident.
How Much Compensation Can You Get For A Broken Leg in Florida?
In Florida, broken leg settlements often range from $70,000 to $195,000. However, the final payout depends on factors such as the type of bone fracture and your medical expenses. It also varies based on whether you needed surgical repair, ongoing rehabilitation, or suffered lasting pain and suffering.
Here’s how the settlement range can change based on the type and severity of your leg injury:
| Type of Leg Fracture | Average Settlement Amount |
| Lower leg fracture (tibia or fibula) | $70,000 – $90,000 |
| Upper leg fracture (femur) | $150,000 to $175,000 |
| Comminuted or multiple fractures | Around $195,000 |
| Fracture requiring surgery and extensive rehabilitation | $100,000 or more |
| Trimalleolar ankle fracture | $110,000 to $1,020,000. |
Can You Recover Damages If You Were Not Wearing A Seatbelt?
Yes, you may still recover compensation even if you were not wearing a seatbelt. However, the amount could be reduced under Florida’s comparative fault rule. According to this rule, your settlement is reduced based on the percentage of fault you share for your injuries. For instance, if the court finds you 20% responsible because you were traveling without a seatbelt, it reduces your payout by that same percentage. But this law applies only when the court finds you less than 50% at fault.
In addition, Florida Statute § 316.614 requires all drivers and most passengers in a motor vehicle to wear a seatbelt when it is in motion. If you do not follow this law, it is considered a traffic violation that weakens your DUI accident case. Insurance companies might claim your injuries were worse because you weren’t wearing a seatbelt. That’s why it’s essential to seek legal counsel to protect the value of your claim.
Contact Todd Miner Law to Secure Fair Compensation After a DUI Accident in Florida!
A serious leg injury from a DUI accident can limit your independence and affect your ability to do everyday tasks. You may be dealing with constant pain, limited mobility, and frequent medical appointments. You might also face the stress of collecting evidence and dealing with insurance companies’ tactics.
At Todd Miner Law, we understand your challenges and guide you through every step of the legal process. We gather evidence like police reports, medical records, and witness statements to build a strong case on your behalf. Our legal team also works to secure the maximum possible recovery for your medical expenses, lost income, and pain and suffering. If the insurance company refuses to cooperate, we are ready to take your case to court. Contact us today at 407-894-1480 to secure the settlement you deserve.
FAQs
How Does Shared Fault Affect a Broken Leg Car Accident?
In a car accident claim, your compensation for a broken leg decreases due to shared fault. This happens because comparative negligence laws reduce your payout based on your share of fault. In such cases, an experienced accident attorney can present evidence to limit that percentage. This helps you secure funds for future medical bills and protect your claim.
How Do Pre-existing Conditions Affect a Car Accident Claim?
Your pre-existing conditions can delay the settlement of a car accident claim. This happens because insurers closely examine whether the accident or your earlier health issues caused your injuries. In these situations, you need to present medical evidence that shows the collision worsened your condition. This also helps you strengthen your case and secure a fair potential settlement.
What Happens if I Miss Work Because of My Car Accident Injuries?
If your injuries prevent you from working, you can seek compensation for lost wages. PIP insurance usually covers this lost part of your income. You may also recover the remaining wages from the at-fault driver’s policy. In addition, an experienced attorney can guide you in seeking disability benefits after a traumatic brain injury or other permanent injury.
What Happens if the Other Driver Is Uninsured or Underinsured?
If the other driver is uninsured or underinsured, your own policy can help cover your losses. This includes UM or UIM coverage, which often serves as the first source of recovery. In Florida, PIP benefits may also apply to your claim. You may also pursue the driver’s personal assets in court if the accident caused severe injuries or significant financial losses.
Can I Reopen My DUI Case if I Discover New Injuries Later?
Yes, you can reopen a DUI case if you experience a new injury that supports your claim. These include criminal DUI cases with newly discovered evidence that strengthens your claim. Other situations involve fraud during the settlement process or intentional misconduct. In these situations, accident lawyers help defend your rights and recover compensation.
What Role Do Police Reports Play in Car Accident Claims?
A police officer records vital crash details such as witness statements, vehicle positions, and visible damage, creating a clear accident timeline. As a result, they help create a clear timeline of events. This official account also helps a law firm connect the evidence to liability, making it easier to prove fault. In severe wrongful death cases, the report provides objective documentation that supports legal action and strengthens negotiations.
What if the Insurance Company Denies My Claim?
If your accident claim gets denied, a law firm can carefully examine the insurer’s reasons and gather strong evidence to dispute their decision. They link the proof to policy terms and show how the accident directly caused your losses, making them eligible for coverage. In drunk driving cases, compelling evidence and expert testimony can change the outcome. Sometimes, filing a lawsuit becomes the most effective way to secure fair compensation.
