Florida
has two separate systems of justice related to DUI crashes: the criminal
justice system and the civil justice system. These are separate and
distinct but in some ways interrelated. Having your lawyer understanding how
that works is very important. Mr. Asencio is the type of lawyers understands how
that works.
A DUI conviction in the criminal case is important and beneficial. However, a
DUI conviction is only admissible if it is based upon a guilty plea. On the
other hand, if the DUI driver pleads no contest, that plea is not admissible in
civil court. Another way that the criminal case can work to your advantage in
the civil case is through criminal restitution. Restitution is money which the
criminal court awards you against the DUI driver as part of the criminal
prosecution for DUI.
You must stay in touch with the State Attorney prosecuting the DUI driver and
provide evidence of any losses sustained as a direct result of the DUI crash in
order to get any restitution. Once restitution is ordered in your favor in the
criminal case, the DUI driver cannot deny the essential allegations of that DUI
offense in any subsequent civil proceeding provided he is adjudicated guilty.
Even if the DUI driver is not charged or is not convicted of DUI, you can still
bring a civil lawsuit for compensatory and punitive damages if you have some
proof of the DUI driving. The burden of proof is less in civil court than in
criminal court. Also the DUI driver will not have the right to refuse to
testify. Cases against DUI drivers have been successfully brought in civil court
even when the DUI driver left the scene of the crash and there was no arrest, no
blood alcohol and no DUI conviction. But it is very important to have a skilled
lawyer review your case.
If the DUI driver has bodily injury liability insurance coverage (BI), this will
cover the DUI crash and your claim for compensatory damages. However, it will
not cover punitive damages. Such a policy may also be subject to policy limits
(the maximum amount of BI coverage available). Sometimes more than one policy of
bodily injury liability insurance can apply. This is why it is very important to
always consult with an attorney before accepting any settlement from a bodily
injury insurer on a DUI crash case. Insurance companies look out for their best
interest, NOT YOURS! Any settlement an insurance company may offer, may not be
in your best interests. You need to know the full value of both the compensatory
damages and the punitive damages. These depend on the circumstances of each
case, the type of insurance available and the assets of each of the person or
companies who might be liable.
Mr. Asencio is a board certified civil trial lawyer who ONLY represents the
victims of auto accidents and DUI crashes, and has NEVER represented DUI drivers
for any reason. He has represented clients in all state and federal courts in
Florida for the past 29 years in personal injury and wrongful death cases.
If you or a loved one has been the victim of an auto accident or a drunk driving
crash, we encourage you to contact Attorney
Diego C. Asencio
today at
(561) 844-0840
for a free, confidential consultation regarding your legal rights and options.
We proudly serve clients in all state and federal courts in Florida.
