South Florida DUI Accident Lawyer

A crash caused by a drunk driver is different from most other accidents. There is a criminal case running alongside your civil claim, evidence that can disappear quickly, and an insurance industry that knows exactly how to slow things down while the at-fault driver’s legal situation plays out. Hiring a South Florida DUI accident lawyer who understands both the civil and the criminal dimensions of these cases is not just useful; it is often the difference between a settlement that covers your actual losses and one that leaves you short.

South Florida roads generate a disproportionate share of drunk driving accidents. US-1 through Delray Beach and Boynton Beach, I-95 from Miami to Palm Beach Gardens, Atlantic Avenue on weekend nights, and the stretch of Federal Highway through Boca Raton all see elevated DUI-related crash numbers. Florida law creates a clear path to compensation when another driver was impaired, but building a case that captures everything you are owed, including future medical costs, lost earning capacity, and non-economic damages, requires more than just pointing to a police report showing a DUI arrest.

At Steinberg Law, P.A., Brett Steinberg has handled serious accident cases involving negligent and reckless drivers throughout Palm Beach, Broward, and Miami-Dade counties. If you were hurt by a drunk driver, or if you lost a family member in a DUI-related crash, the legal work that follows matters enormously. This page explains how these cases actually work and what you need to know before making any decisions.

How DUI Accident Claims Work in Florida Civil Courts

When a drunk driver causes a crash, two parallel tracks start running at the same time. The state prosecutes the driver for DUI through the criminal courts. Separately, you have the right to pursue a civil claim for your injuries. These are completely independent processes. You do not have to wait for the criminal case to resolve before pursuing compensation, and the outcome of the criminal case does not automatically determine what you recover civilly.

That said, the criminal case produces evidence that matters in your civil claim. A DUI conviction or a plea is strong evidence of negligence. Breath test results, field sobriety recordings, officer body camera footage, and toxicology reports from the crash are all potentially admissible in civil proceedings. Experienced DUI accident attorneys move quickly to preserve this evidence and to track what happens in the parallel criminal proceeding.

Florida follows a comparative fault framework. If the defense argues you contributed to the accident in any way, such as speeding or failing to yield, your recovery may be reduced proportionally. This is one of the main pressure points insurers use to reduce payouts. An attorney who understands how to counter fault-shifting arguments, and who is prepared to try the case if necessary, puts you in a much stronger position than one who is primarily focused on reaching a quick settlement.

Florida also allows punitive damages in cases involving DUI. Unlike compensatory damages that are designed to make you whole, punitive damages are meant to punish conduct that is grossly negligent or intentional. Driving drunk is frequently treated as grossly negligent under Florida law, which means your case may support a damages claim that goes beyond your medical bills and lost wages. Not every case qualifies, but a thorough evaluation of the facts at the outset can reveal whether punitive damages are viable.

What Steinberg Law Brings to DUI Accident Cases

Brett Steinberg founded Steinberg Law with a direct premise: people who are seriously injured deserve a lawyer who treats their case as a priority, not as one file among hundreds. Since 2014, Brett has recovered over $25 million in verdicts and settlements for injured clients across South Florida. A $1,800,000 settlement in a car versus pedestrian case, a $1,525,000 auto negligence settlement, and a $900,000 motor vehicle accident recovery are among the results listed on the firm’s record. These outcomes reflect the kind of preparation and follow-through that DUI accident cases actually require.

What separates Brett from many personal injury attorneys is his trial background. Early in his career, he served as an Assistant Public Defender in Miami-Dade County, where he tried more than 25 cases to verdict. He later assisted in a mesothelioma asbestos exposure trial that produced a $24,170,000 verdict. When a sexual assault defendant offered $20,000 to settle, Brett took the case to trial and the jury returned a $2,600,000 verdict. That track record means that when Brett evaluates a DUI accident case, he is not just thinking about what the insurance company might offer. He is thinking about what a jury would award and how to build toward that number from the very beginning.

Brett is rated AV by Martindale-Hubbell, holds a 10.0 Superb rating on AVVO and a 10.0 rating on Justia, and has been named a Florida Super Lawyer every year since 2015. He is admitted to all Florida State Courts and the U.S. District Courts for the Southern and Middle Districts of Florida, and he is an active member of the Florida Bar, the Palm Beach County Justice Association, and the Florida Justice Association. For a DUI accident victim weighing whether to hire a local attorney or go with a larger firm, those credentials reflect what actually gets results: preparation, willingness to go to trial, and direct attorney involvement in every case.

Injuries and Damages Commonly Seen in South Florida DUI Crashes

• Traumatic brain injuries: High-speed DUI crashes frequently cause TBI ranging from concussion to severe brain damage, with long-term cognitive, behavioral, and physical consequences that require ongoing medical management and expert documentation to prove in a damages claim.
• Spinal cord injuries: Rear-end and head-on collisions involving impaired drivers on I-95, the Florida Turnpike, and US-1 cause a significant share of spinal cord injuries in South Florida, including disc herniations, fractures, and paralysis.
• Fractures and orthopedic injuries: Broken bones involving the femur, pelvis, wrist, and shoulder are common in broadside and head-on DUI crashes and often require surgical intervention, physical therapy, and extended recovery periods.
• Wrongful death: Florida law provides a cause of action for surviving family members when a DUI driver kills someone; damages may include funeral costs, lost financial support, loss of companionship, and in appropriate cases, punitive damages against the at-fault driver.
• Soft tissue and internal injuries: Whiplash, torn ligaments, and internal bleeding are frequently undervalued by insurance adjusters because they are not always visible on initial imaging; thorough medical documentation and expert testimony are essential to capturing full compensation.
• Pedestrian and bicycle injuries: Drunk drivers in areas like Delray Beach’s Atlantic Avenue corridor or Clematis Street in West Palm Beach pose particular dangers to pedestrians and cyclists, where even a low-speed impact can cause catastrophic injuries.
• Dram shop liability: Florida’s dram shop statute allows claims against bars, restaurants, and alcohol retailers that knowingly served alcohol to a visibly intoxicated person who then caused a crash, which can significantly expand the pool of recoverable damages beyond the driver alone.

What to Do After a DUI Crash in South Florida

The decisions you make in the hours and days after a DUI accident can have a lasting effect on your recovery. At the scene, call 911 immediately and ask that law enforcement respond. A police report documenting the crash and any DUI investigation, including field sobriety tests and breath readings, becomes a foundational piece of evidence in your civil claim. Do not accept any informal arrangement where the other driver offers to handle things without involving police or insurance.

Seek medical attention the same day, even if you feel okay. Adrenaline masks pain, and some serious injuries such as subdural hematomas or internal bleeding do not produce obvious symptoms immediately. Going to Delray Medical Center, JFK Medical Center, Boca Regional Hospital, or any local emergency room creates a medical record that ties your injuries directly to the crash. Gaps in treatment are one of the primary arguments insurance adjusters use to reduce your claim.

Document everything you can. Photographs of the scene, your injuries, and the vehicles all matter. Get the names of any witnesses before they leave. If the at-fault driver was cited or arrested, note the responding agency and the case number. Palm Beach County DUI cases are typically handled through the Palm Beach County State Attorney’s Office and prosecuted in the Palm Beach County Courthouse in West Palm Beach, located at 205 North Dixie Highway. You can monitor the criminal docket to track what is happening in the parallel case.

Florida’s statute of limitations for most personal injury claims gives you a limited window to file, and that window can feel longer than it is when you are dealing with medical treatment and recovery. Beyond the filing deadline, there are practical reasons to move quickly. Physical evidence degrades. Witnesses forget details. Surveillance footage from nearby businesses gets overwritten. The sooner an attorney can begin investigating the accident, the stronger the evidentiary foundation for your claim.

Avoid communicating directly with the at-fault driver’s insurer before consulting with a DUI accident attorney in South Florida. Recorded statements given early in the process are regularly used by insurance companies to limit their exposure. You are not required to give one. Let an attorney handle that communication so nothing you say creates an unintended problem for your case.

Questions About South Florida DUI Accident Claims

Can I sue a drunk driver even if they were not convicted of DUI?

Yes. Civil liability and criminal conviction operate under different legal standards. In a criminal DUI case, the state must prove guilt beyond a reasonable doubt. In your civil claim, the standard is a preponderance of the evidence, meaning it is more likely than not that the driver was impaired and that their impairment caused your injuries. A driver whose DUI charge was reduced or dismissed in criminal court can still be found civilly liable. Evidence from the criminal investigation, including breathalyzer results and officer observations, is still usable in your civil case.

What is dram shop liability and does it apply in my case?

Florida’s dram shop statute creates a civil cause of action against establishments that knowingly serve alcohol to a person who is habitually addicted to alcohol or, in the case of a minor, to anyone under 21. If the drunk driver who hit you was over-served at a bar, restaurant, or club before the crash, that establishment may share liability for your damages. Dram shop claims require specific evidence about the driver’s visible intoxication at the time of service and the establishment’s knowledge. These cases often involve surveillance footage, bar receipts, and witness accounts from staff and other patrons.

How does punitive damages work in a Florida DUI accident case?

Florida allows punitive damages in civil cases where the defendant’s conduct was grossly negligent or intentional. Driving under the influence has been recognized by Florida courts as conduct that can support a punitive damages claim because it involves a conscious disregard for the safety of others. To seek punitive damages, there is a separate procedural requirement under Florida law: your attorney must file a motion with the court showing that there is a reasonable evidentiary basis for the claim before it can be included. If the court allows it, the punitive damages phase of the trial is handled separately from the compensatory damages phase.

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

This is a real problem in South Florida, where uninsured and underinsured drivers are not uncommon. If the at-fault driver has no insurance or not enough to cover your damages, your own uninsured motorist (UM) coverage comes into play. Florida law allows you to stack UM coverage in some circumstances, and your attorney can evaluate whether your policy provides that option. Dram shop claims against a bar or restaurant are another avenue in cases where the driver’s own coverage is insufficient. Early investigation to identify all potential sources of recovery is one of the most valuable things an attorney does at the outset of a DUI accident case.

What damages can I actually recover in a DUI accident claim?

Recoverable damages in a Florida DUI accident case typically include past and future medical expenses, lost wages, diminished earning capacity if your injuries affect your ability to work long-term, pain and suffering, emotional distress, and loss of enjoyment of life. In wrongful death cases, surviving family members may also recover for funeral and burial costs, loss of financial support, and loss of companionship and guidance. Where punitive damages are available and successfully pursued, the total recovery can be substantially higher than in a standard negligence case.

Do I have to wait for the criminal case to settle before filing my civil claim?

No. The civil and criminal cases proceed independently of each other on separate timelines. Your civil claim can be filed and actively litigated while the criminal case is still pending. In some situations, there are strategic reasons to monitor the criminal proceedings closely, because a plea or conviction can be used as evidence in your civil case. But waiting for the criminal case to close before taking any civil action is rarely advisable and could put you at risk of missing important deadlines or losing critical evidence.

Can passengers in the drunk driver’s car file a claim?

Yes. Passengers injured in a vehicle operated by a drunk driver can pursue a civil claim against that driver. Passengers are generally considered innocent parties and are not treated as comparatively at fault simply for riding in the vehicle. The at-fault driver’s liability insurance, the passenger’s own UM coverage if the driver was uninsured, and potentially a dram shop claim are all potential sources of recovery depending on the facts of the case.

How long does a DUI accident lawsuit take in South Florida?

It depends on the complexity of the injuries, the number of parties involved, and whether the case settles or goes to trial. Cases with clear liability, a single at-fault driver, and documented injuries often resolve in the range of 12 to 24 months. Cases involving catastrophic injuries, multiple defendants including a dram shop, disputed liability, or a defendant with insufficient insurance tend to take longer. Trials in Palm Beach County are scheduled through the 15th Judicial Circuit, and court calendars can add time to the timeline if a case does not settle. Settling too quickly, before the full extent of your injuries is known, can permanently undervalue your claim.

What if I was partly at fault for the crash even though the other driver was drunk?

Florida uses a modified comparative fault framework. If you are found to be partly at fault, your compensation is reduced by your percentage of fault. If your share of fault exceeds 50 percent, you may be barred from recovering. In practice, insurance companies aggressively try to assign as much fault as possible to injured claimants in order to reduce payouts. In a DUI accident case, the at-fault driver’s impairment is a powerful counter-argument to any claim that the victim was primarily responsible. An attorney’s ability to reconstruct the accident, retain experts, and challenge the insurer’s fault allocation can significantly affect the outcome.

Should I settle quickly if the drunk driver’s insurer offers me something right away?

A quick offer from an insurance company almost always reflects what is best for the insurer, not what is fair to you. At the early stages of a DUI accident case, you may not yet know the full extent of your injuries, whether you will require surgery or long-term care, or whether you will be able to return to work in the same capacity. Accepting a settlement before that picture is clear means signing away your right to pursue additional compensation, regardless of what your future medical bills turn out to be. Speaking with a DUI accident attorney in South Florida before accepting any offer costs you nothing and gives you a far more accurate picture of what your claim is actually worth.

Steinberg Law’s DUI Accident Representation Across South Florida

Steinberg Law represents DUI accident victims from offices in both Delray Beach and Palm Beach Gardens, and handles cases throughout South Florida. In Palm Beach County, the firm serves clients in West Palm Beach, Boca Raton, Boynton Beach, Lake Worth Beach, Wellington, Royal Palm Beach, Jupiter, Tequesta, Juno Beach, Palm Beach Gardens, North Palm Beach, Riviera Beach, Greenacres, Lake Clarke Shores, and Belle Glade. From the coastal communities along A1A to the western communities off Okeechobee Boulevard and Southern Boulevard, no part of Palm Beach County is outside the firm’s reach.

The firm also represents clients throughout Broward County, including Fort Lauderdale, Pompano Beach, Deerfield Beach, Coconut Creek, Coral Springs, Margate, Lauderdale Lakes, Oakland Park, Tamarac, and Hallandale Beach. In Miami-Dade County, the firm handles cases from Miami, Miami Beach, Aventura, Hialeah, Coral Gables, North Miami, Doral, and surrounding communities. Whether the crash happened on I-95 near Fort Lauderdale, on the Palmetto Expressway in Miami-Dade, on the Florida Turnpike in Broward, or on a local road anywhere in between, Steinberg Law can represent you.

Speak With a South Florida DUI Accident Attorney Today

Steinberg Law, P.A. offers a free one-hour consultation for DUI accident victims throughout South Florida. There are no upfront costs and no fees unless Brett and his team secure compensation for you. Brett works directly with every client, provides regular updates, and gives an honest assessment of what the case is worth and what it will take to get there.

If you were hurt by a drunk driver anywhere in Palm Beach, Broward, or Miami-Dade County, call Steinberg Law, P.A. today to speak with a South Florida DUI accident attorney who will treat your case as a priority from the first conversation forward.