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Florida Drunk Driving Wrongful Death Lawyers
Losing a loved one to a drunk driver is not a mere “accident”. It is a violent, entirely preventable tragedy caused by a reckless disregard for human life. According to the National Highway Traffic Safety Administration (NHTSA), thousands of lives are shattered every year by impaired drivers. When a family is devastated by a fatal DUI crash in Florida, the criminal justice system is simply not enough to make them whole from our experience.
At the Law Offices of Jason Turchin, we are passionate crime victim’s rights advocates. Our Florida wrongful death lawyers can take the fight directly to the drunk driver, the bars that over-served them, and the insurance companies that try to protect them. We can handle the heavy legal and probate burdens so your family can focus on grieving and honoring your loved one.
👉 Call (800) 337-7755 today or use our live chat for a free, strictly confidential consultation. You won’t pay any attorney’s fees or out-of-pocket costs unless we win your case.
Understanding the Florida Wrongful Death Act
In Florida, you cannot simply sue a drunk driver directly for the loss of a family member. Under the Florida Wrongful Death Act (F.S. 768.16), a civil lawsuit must be formally filed by the Personal Representative of the deceased person’s estate on behalf of the surviving family members (known as “survivors”).
This is where our firm provides a massive advantage. We work with teams of probate attorneys. We can immediately work to open the estate in the Florida probate courts, get the Personal Representative appointed, and launch the wrongful death lawsuit. This allows us to secure crucial evidence like vehicle black box data and bar surveillance video before it is deleted.
Depending on the family structure, eligible survivors who can recover compensation typically include:
- The surviving spouse.
- Minor children, and in certain circumstances, adult children.
- The parents of the deceased.
- Other blood relatives who were partly or wholly dependent on the deceased for support.
Holding All Parties Accountable: Dram Shop Liability
Our investigation may not stop at the drunk driver. We can look for every single entity whose negligence contributed to your loved one’s death. In Florida, this often involves Dram Shop Liability (Florida Statute § 768.125).
While a bar or restaurant is not automatically responsible for the actions of an intoxicated patron, they can be sued for wrongful death if they:
- Willfully and unlawfully served alcohol to a minor (someone under 21).
- Knowingly served alcohol to a person who is “habitually addicted” to alcoholic beverages.
Our drunk driving victim lawyers can subpoena credit card statements, bar tabs, and employee testimony if a lawsuit is filed to help prove that an establishment knew the driver was habitually addicted but continued to serve them anyway.
Punitive Damages: No Caps for Fatal DUI Crashes
In standard negligence cases, compensation is awarded to cover medical bills, funeral expenses, and the immense pain and suffering of the survivors. However, because drunk driving is a conscious and reckless choice, Florida law allows juries to award Punitive Damages.
Punitive damages are specifically designed to punish the wrongdoer and financially destroy them as a deterrent to others. Furthermore, while Florida normally places strict caps on how much money a jury can award in punitive damages, Florida Statute § 768.736 explicitly removes this cap in cases involving intoxication. If the driver was impaired by drugs or alcohol at the time of the fatal crash, the jury’s ability to punish them financially is generally uncapped.
The Difference Between the Criminal Trial and Your Civil Case
You do not need to wait for the criminal trial to end before taking action. The criminal case is controlled by the State Attorney, and their only goal is to seek jail time. The burden of proof in criminal court is “beyond a reasonable doubt”, often a very high standard that sometimes allows guilty drivers to walk free on technicalities.
Your civil wrongful death case is handled by us, and the burden of proof is much lower (“a preponderance of the evidence”). This means we can secure massive financial justice for your family in civil court even if the driver’s criminal DUI charges are dropped or reduced.
Strict Deadlines: The 2-Year Statute of Limitations
Florida law enforces a strict two-year statute of limitations for wrongful death claims. You have exactly two years from the date of your loved one’s passing to officially file the lawsuit. Because we must typically open an estate and appoint a Personal Representative before filing, it is often crucial that you contact a lawyer as soon as possible.
Why Choose the Law Offices of Jason Turchin?
We represent families across the entire state, including Miami, Fort Lauderdale, Orlando, Tampa, Palm Beach, and Key West. When you hire the Law Offices of Jason Turchin, you gain the benefit of our experience:
- AV Preeminent® Rated: Peer-recognized by Martindale-Hubbell for the highest level of legal ability and ethical standards.
- Victim’s Rights Advocates: We don’t just sue insurance companies; we can fight for crime victims at every level of the justice system.
- Over 6,500 Cases Handled: We have the financial resources and litigation experience to take on the largest insurance corporations and defense firms in the state.
- Zero-Fee Guarantee: We advance all costs for investigations, probate filing, and expert witnesses. You pay nothing out-of-pocket.
Call us 24/7 at (800) 337-7755. We are here to listen, support your family, and relentlessly pursue justice.
Florida Drunk Driving Wrongful Death FAQs
What if the drunk driver who killed my family member had no insurance?
Unfortunately, many impaired drivers operate without adequate bodily injury insurance. In these tragic cases, our firm can look to your family’s own Uninsured Motorist (UM) coverage, the vehicle owner’s policy (under Florida’s Dangerous Instrumentality doctrine), and potential Dram Shop liability against the bar that served them.
Who gets the settlement money in a Florida wrongful death case?
Under the Florida Wrongful Death Act, the settlement or jury verdict is divided among the eligible ‘survivors’ (typically the spouse, minor children, and sometimes parents). The estate itself may also recover specific damages like funeral expenses and lost net accumulations. The exact distribution is determined by Florida law and the specifics of the case.
Can we sue the host of a house party if they provided the alcohol? and someone died?
Florida law is sometimes protective of ‘social hosts.’ Generally, a homeowner cannot be sued if an adult guest drinks at their party and causes a fatal crash. However, if the homeowner knowingly provided alcohol to a minor (someone under 21) or known alcoholic who then caused a fatal DUI crash, the homeowner can be held civilly liable.
Do we have to go through probate to file a wrongful death lawsuit?
Yes. Florida law requires the lawsuit to be filed by the Personal Representative of the deceased’s estate. If an estate has not been opened, the Law Offices of Jason Turchin works with probate attorneys who will handle this legal process for your family simultaneously with the civil lawsuit.
