Orlando Drunk Driving Accident Lawyer
Drunk driving accidents can leave lasting trauma—physically, emotionally, and financially. Victims often face serious injuries, long-term medical care, and unexpected bills. At Tony Caggiano Personal Injury Lawyer, we understand the toll these crashes take.
As a top Orlando drunk driving accident lawyer, we are committed to helping DUI crash victims across Central Florida seek justice. Injuries caused by a drunk driver can have lasting consequences, but you may pursue legal action to hold the responsible party accountable. We’ll help you hold the responsible party accountable—starting with a free consultation.
Our Orlando Drunk Driving Accident Lawyer Will Fight for Your Rights
When a drunk driver causes harm, they must be held fully responsible. Tony Caggiano Personal Injury Lawyer vigorously defends the legal rights of victims harmed in DUI collisions. From building a strong personal injury claim to demanding fair compensation, we are with you at every step.
We uphold accountability for impaired driving offenses by employing rigorous and effective legal approaches. Whether your injuries came from a car accident, a truck accident, or led to wrongful death claims, we are ready. We manage the legal proceedings, allowing you to prioritize recovery while avoiding financial burdens.
The Tragic Reality of Drunk Driving Accidents in Orlando
Drunk driving continues to cause heartbreak across Orlando and the rest of Florida. According to recent state data, thousands of DUI-related crashes occur annually in Central Florida. Many of these involve car accident victims who suffer severe injuries or worse. These collisions often impact not just drivers, but also passengers, pedestrians, and surviving family members.
In most car accidents involving alcohol, victims are left with long-term trauma, both physical and emotional. Injury victims often require ongoing medical treatment, therapy, or even adaptive equipment for daily life. Survivors could confront enduring healthcare expenses, spanning future medical needs and diminished autonomy.
The emotional toll of a DUI crash is overwhelming. Families face loss of income, unexpected medical bills, and the devastation of wrongful death. Car accident cases like these often involve traumatic brain injuries, spinal cord injuries, or catastrophic injuries that change lives forever.
At Tony Caggiano Personal Injury Lawyer, we assist Orlando car accident victims and their families in seeking compensation through a legal claim, while also holding impaired drivers accountable.
Florida DUI Laws and How They Impact Injury Claims
Florida law prohibits drivers from having a blood alcohol content (BAC) of 0.08% or above while behind the wheel. Penalties include fines, license suspension, and jail. However, a criminal conviction doesn’t automatically provide compensation to victims.
DUI crashes also give rise to civil cases. Individuals who have suffered harm may pursue personal injury claims to seek compensation for medical expenses, lost income, and other damages. Even if the drunk driver faces no jail time, you can still win compensation through the civil system. That’s where we come in.
One major advantage for victims is that the driver’s intoxication may support a claim for punitive damages. This means the at-fault driver may owe you more because their actions were reckless.
Insurance providers may delay or deny valid claims, but with a knowledgeable lawyer, you can build a compelling argument to protect your rights. At Tony Caggiano Personal Injury Lawyer, we strive to secure the maximum compensation permitted under Florida law.
Criminal vs. Civil DUI Cases
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Criminal Case |
Civil Case |
|---|---|
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Prosecuted by the state |
Filed by the victim |
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Goal is punishment |
Goal is financial recovery |
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Jail time, fines, probation |
Medical bills, lost income, pain and suffering |
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Victim is a witness |
Victim is the plaintiff |
Victims can pursue insurance claims and legal action even if the DUI driver is not convicted criminally.
Common Injuries in Drunk Driving Accidents
Drunk driving crashes are violent, especially at high speeds. Victims often suffer from:
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Traumatic Brain Injuries (TBIs): These can lead to memory loss, cognitive decline, or permanent disability.
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Spinal Cord Injuries: Frequently lead to partial or full paralysis, necessitating ongoing medical support throughout one’s life.
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Fractures and Broken Bones: Severe crashes cause multiple broken bones that need surgery and months of rehab.
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Burns: When fuel ignites on impact, passengers may suffer serious or disfiguring burns.
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Wrongful Death: In the worst cases, innocent lives are lost, leaving families to file wrongful death claims.
Our legal team collaborates closely with doctors and specialists to evaluate these severe injuries and their associated impacts.
Liability in DUI Crashes: Who Can Be Held Responsible?
The drunk driver is the main liable party. But in many cases, others may also share responsibility. Under Florida law, a legal claim may include several named parties.
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Vehicle Owner: If someone loaned their car to an impaired driver, they may be partially at fault.
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Bar or Restaurant: If the establishment served alcohol to an underage or visibly intoxicated person, it may be liable under Florida’s dram shop law.
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Employer: If a commercial truck driver caused a DUI crash during work hours, the employer could be held responsible.
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Other Drivers: In complex cases, another at-fault driver may also be partially to blame.
Proving liability requires strong evidence, including police reports, witness statements, and even traffic camera footage.
Florida Dram Shop Law Explained
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Florida has limited dram shop liability under its laws. A bar, restaurant, or other business can only be held accountable if it served alcohol to someone under 21 or someone who was clearly intoxicated at the time. This means most cases won’t qualify unless strong evidence proves those facts.
Still, identifying all responsible parties—including those who may have enabled a drunk driver—is crucial for your case. This can help maximize your financial recovery by adding more potential sources of insurance coverage and liability.
Steps to Take After a Drunk Driving Accident
If a drunk driver causes a car accident you’re involved in, following the proper procedures can safeguard both your well-being and legal interests.
- Call the Police – Always report the crash immediately. Police reports are critical for DUI cases and help in identifying responsible parties.
- Seek Medical Help – Get medical care right away, even if you feel okay. Some injuries appear later and can worsen without treatment.
- Document Everything – Take photos, collect contact info, and save medical records. This evidence helps Orlando car accident lawyers build a strong case.
- Don’t Talk to Insurance Adjusters Alone – The driver’s insurance company or another driver’s insurance company may try to limit payouts. Don’t give statements without your attorney present.
- Contact Legal Help Immediately – The no-fault insurance system in Florida adds complexity. Legal counsel ensures your rights are upheld while guiding you through each step efficiently.
At Tony Caggiano Personal Injury Lawyer, we provide dedicated guidance through every stage of your case and aggressively pursue the compensation you deserve. Our services are offered on a contingency fee basis—you pay nothing unless we secure a successful outcome for your case.
Damages Available in DUI Injury Claims
In DUI accident cases, injured victims can pursue compensation for both economic and non-economic damages. These may include:
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Medical Expenses – Covers hospital stays, medications, rehab, and more. Bills can grow quickly after a serious crash.
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Lost Income – If you’re unable to work, you can seek compensation for your lost wages, both past and future.
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Future Medical Care – Long-term injuries may require surgeries, therapy, or in-home assistance. These ongoing costs must be included in any fair settlement.
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Pain and Suffering – Emotional trauma, physical pain, and loss of enjoyment in life deserve compensation, too.
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Punitive Damages – In DUI cases, Florida courts may award additional damages to punish reckless behavior, such as drunk or distracted driving.
Working with experienced Orlando car accident lawyers ensures all aspects of your damages are fully documented. Insurance companies won’t make it easy, but we’re ready to fight for your financial future.
Understanding Punitive Damages in DUI Cases
Florida law allows punitive damages in DUI cases when the driver’s actions show extreme negligence or intentional harm. Unlike ordinary compensation, these damages are designed to penalize the intoxicated driver and underscore the severity of their actions. If you’ve been harmed by a drunk driver, we can evaluate your eligibility for punitive damages and pursue them with tenacity.
Wrongful Death Claims in Fatal Drunk Driving Cases
When a drunk driving crash results in death, the surviving family may have the right to file a wrongful death claim. Under Florida law, immediate family members—such as spouses, children, or parents—can pursue legal action. This legal claim helps hold the at-fault driver responsible and provides support for the grieving family.
Recoverable damages often include funeral costs, medical bills incurred prior to death, lost income, and the loss of support or companionship that the victim would have provided. In certain circumstances, punitive damages may be awarded to deter or penalize particularly reckless or criminal conduct.
The statute of limitations for wrongful death claims in Florida is two years from the date of death. Waiting too long can result in the loss of legal rights, so it’s critical to act quickly.
At Tony Caggiano Personal Injury Lawyer, we help surviving family members through every step of this difficult legal process. Our team ensures your case is built properly, with full consideration of long-term losses and emotional harm.
Insurance Issues in DUI Accidents
Insurance matters are often complicated after a DUI-related auto accident, especially when severe injuries or death occur. Here are key insurance factors to consider:
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At-Fault Driver’s Insurance – The drunk driver’s insurance company is your first source of recovery. However, they may deny, delay, or minimize your claim, especially in high-cost cases.
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Uninsured/Underinsured Motorist Coverage (UM/UIM) – If the drunk driver lacks enough coverage, your own UM/UIM policy can help fill the gap. This factor becomes critically vital when addressing catastrophic injury claims.
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No-Fault Insurance System – Florida’s no-fault system provides coverage for certain medical costs and lost wages, irrespective of fault. But in serious cases, it won’t be enough to cover full losses.
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Third-Party Liability – Bars, employers, or even vehicle owners may hold additional insurance coverage. These sources can increase your total recovery when properly investigated.
Insurance companies use trained adjusters to reduce payouts. Let the team at Tony Caggiano Personal Injury Lawyer handle them while you focus on your healing.
Proving Negligence and Intoxication in Civil Court
To win your car accident case against a drunk driver, you need solid evidence that proves both intoxication and negligence. Our law firm uses every tool available to strengthen your legal claim.
BAC test results from police records are a strong indicator of intoxication. In Florida, a BAC of 0.08% or more is considered legally drunk. This evidence alone can support your claim.
We also gather witness statements, traffic camera footage, and police reports to confirm what happened. If the DUI driver was arrested, their criminal record can be used to support your civil case.
Expert testimony plays a big role, especially in cases involving traumatic brain injuries or long-term care. These professionals help prove the full impact of your injuries and justify higher damages.
With help from Tony Caggiano Personal Injury Lawyer, Orlando car accident victims get the experienced representation needed to prove fault, challenge the driver’s insurance company, and pursue full financial recovery.
Timeline for Filing a Drunk Driving Injury Lawsuit
If you were injured in a drunk driving crash in Florida, time is limited to take legal action. Florida law mandates that personal injury claims arising from auto accidents must be filed within two years of the incident date. If you wait too long, you may lose your right to seek compensation for your injuries.
There are exceptions to this rule. For example, if the injured person is a minor, the deadline may be extended. In wrongful death claims, the two-year timeline begins from the date of the victim’s death, not the date of the crash itself.
Don’t delay. Insurance companies and insurance adjusters often use delay tactics to run out the clock. At Tony Caggiano Personal Injury Lawyer, we act fast to preserve evidence, file on time, and protect your rights. Whether you’re recovering from spinal cord injuries, dealing with medical expenses, or mourning a loved one, we’re here to help you pursue a strong case within the legal deadline.
Why Choose Tony Caggiano Personal Injury Lawyer for Your DUI Case
Selecting the right attorney for your DUI-related car accident case is critical. At Tony Caggiano Personal Injury Lawyer, we bring a powerful mix of local experience and personal dedication to every client.
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Proven DUI Case Results – We have a long history of securing significant verdicts and fair settlements for car accident victims in drunk driving cases across Central Florida.
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Orlando Trial Experience – Take advantage of a seasoned litigator who knows how to present your case effectively in front of local judges and juries.
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Personal Commitment to Every Client – Unlike large firms, we provide one-on-one attention and treat every case with the urgency it deserves. You’re not just a file—you’re a person.
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Compassionate and Aggressive Advocacy – We understand the physical, emotional, and financial toll that these crashes can take. Our mission is to minimize your financial risk while maximizing your compensation.
Our services operate on a contingency fee model—you only pay legal fees if we successfully resolve your case. Let us help you hold the responsible party accountable and fight for the justice you deserve.
Frequently Asked Questions (FAQs)
Can I still sue if the drunk driver wasn’t convicted?
Yes. A civil case doesn’t require a criminal conviction. You can sue based on evidence like BAC levels, police reports, and witness statements to prove negligence and seek compensation.
Will I need to go to court?
Not necessarily. While some cases go to trial, most car accidents involving drunk drivers are resolved through insurance claims or settlement negotiations without stepping into a courtroom.
What if I were a passenger in the drunk driver’s car?
Even if you were riding with the at-fault driver, you may still qualify for compensation. Your legal rights depend on the situation and available insurance coverage.
Can I get punitive damages in a DUI crash case?
Yes. In Florida, punitive damages are often awarded in DUI cases to punish reckless behavior and deter others from similar conduct. These are separate from standard compensatory damages.
What if the drunk driver had no insurance?
You might still be eligible to seek compensation through your uninsured or underinsured motorist policy. A lawyer can also explore whether the driver’s personal assets or a third party can be held liable.
How much does it cost to hire a DUI injury lawyer?
There is no upfront cost. With us, your case is handled on a no-win, no-fee basis; payment is only required if we successfully obtain compensation through a settlement or court decision.
Contact Our Orlando Drunk Driving Accident Lawyer for a Free Case Evaluation
If you or a loved one was hurt in an Orlando drunk driving accident, you deserve legal help that gets results. At Tony Caggiano Personal Injury Lawyer, we understand the pain and financial stress DUI crashes cause. We’re ready to protect you from aggressive insurance adjusters, preserve your rights, and pursue justice.
Take advantage of our complimentary consultation—you pay no legal fees unless we successfully recover compensation on your behalf. Allow us to assist you in obtaining a fair settlement to address medical expenses, lost income, and other damages. Call 407-974-4150 or contact us online to speak directly with an experienced attorney today.
Our Services
Personal Injury Cases
Our experienced legal team specializes in helping individuals recover compensation for injuries resulting from accidents. We handle cases involving severe injuries like spinal cord damage, brain injuries, and more. Let us help you secure the compensation you deserve.
Medical Malpractice Cases
Medical negligence can lead to serious harm. We pursue justice for those affected by malpractice, holding healthcare providers accountable for misdiagnosis, surgical errors, and treatment failures.
Family Law Cases
Our family law practice covers child custody, divorce, domestic violence, paternity and support matters, offering compassionate legal representation to help you navigate complex family disputes and protect your rights.
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