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3 FAQs About Brain Injuries Caused by Drunk Drivers

October 15, 2019

by Donaldson & Weston

personal injury lawyer

It’s entirely possible for a fully coherent driver to cause an accident, but when a motorist is under the influence of alcohol or drugs, a collision is far more likely to be serious and result in injuries and death. Brain trauma is one of the most devastating injuries a person can sustain in such a crash.

If you or someone in your family was diagnosed with a traumatic brain injury (TBI) after an alcohol-related accident, you may be entitled to compensation. Read on to learn the answers to three FAQs about these claims:

How can I Prove Liability Following a Drunk Driving Accident?

Each personal injury case is unique, but in all such claims, the injured person must be able to prove that another party was liable for his or her damages. Your attorney may use the following types of evidence to prove liability:

  • The results of any breathalyzer and field sobriety tests conducted at the scene;
  • The official police report;
  • Photographs of the scene;
  • Eyewitness testimony;
  • Accident reconstruction expert testimony;
  • Dash cam footage or surveillance records;
  • Receipts the dram shop that served the driver before he or she got behind the wheel; and
  • Social media posts showing the driver drinking shortly before the wreck.

How can I Prove Damages After Sustaining a Brain Injury?

It goes without saying that the cost of medical care can be exorbitant for brain injury victims. This is especially true in cases involving moderate to severe TBIs. Emergency care, hospital bills, physical therapy, and home care can cost a veritable fortune. If another person was responsible for your injury, though, your claim can include all resulting damages.

To recover a fair settlement, you will need strong evidence to prove the types of damages you incurred and their value. This evidence might include:

  • Hospital bills;
  • Insurance records;
  • Pharmacy receipts;
  • Income statements detailing any missed work;
  • Journal entries about the effects your injury has had on your wellbeing;
  • Invoices for medical equipment and/or home care; and
  • Invoices for child care and/or domestic help.

What Kinds of Damages can I Pursue?

In the state of Florida, personal injury claimants can seek compensation for the following economic and non-economic damages:

  • Medical care;
  • Lost wages;
  • Loss of future earning capacity and lost benefits;
  • Property damage;
  • Alternative transportation;
  • Medical equipment;
  • Ongoing rehabilitation;
  • Pain and suffering;
  • Emotional distress;
  • Loss of enjoyment in life; and
  • Loss of consortium.

Exemplary damages also may be awarded to drunk driving accident victims. These damages are intended to punish the defendant and deter similar misconduct in the future.