Losing a loved one in a drunk driving accident is devastating, sudden, and deeply unfair. When a driver chooses to get behind the wheel while intoxicated, the consequences can be catastrophic—and entirely preventable. Florida law gives surviving families the right to pursue justice through a wrongful death lawsuit after a fatal DUI accident.
What Is a Wrongful Death Claim in a Florida DUI Case?
A wrongful death claim arises when a person is killed due to another party’s negligence or misconduct. Driving under the influence of alcohol or drugs is not just negligent—it is unlawful and reckless.
In fatal DUI cases, wrongful death lawsuits are typically brought against:
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The intoxicated driver
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The driver’s auto insurance carrier
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In some cases, third parties (such as employers or establishments that unlawfully served alcohol)
Because DUI involves criminal behavior, civil wrongful death claims often involve clearer liability than other motor vehicle accidents.
Who Can File a Wrongful Death Lawsuit in Florida?
Under Florida law, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This person is usually named in the will or appointed by the probate court.
Although the personal representative files the case, the lawsuit is brought for the benefit of the surviving family members, which may include:
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The surviving spouse
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Children
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Parents
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Other dependents in certain circumstances
Each survivor’s losses are evaluated separately under Florida’s Wrongful Death Act.
What Damages Are Available After a Fatal DUI Accident?
Florida allows recovery for both economic and non-economic damages in wrongful death cases. In DUI fatalities, these damages can be substantial.
Common damages include:
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Medical expenses related to the final injury
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Funeral and burial costs
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Loss of financial support and services
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Loss of companionship, protection, and guidance
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Mental pain and suffering of surviving family members
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Loss of parental guidance for minor children
In especially egregious DUI cases, punitive damages may also be available to punish the drunk driver and deter similar conduct.
Why DUI Wrongful Death Cases Are Often Stronger
Wrongful death claims based on drunk driving frequently have advantages not present in other accident cases:
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A criminal DUI arrest or conviction can strongly support civil liability
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Blood alcohol content (BAC) testing provides objective evidence
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Police crash investigations often document impairment
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Juries tend to have little sympathy for intoxicated drivers
Even if the DUI criminal case is still pending—or results in reduced charges—a civil wrongful death lawsuit can still proceed.
What If the Drunk Driver Was Uninsured or Underinsured?
Unfortunately, some DUI drivers carry minimal or no insurance. In those cases, families may still have options, including:
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Uninsured/Underinsured Motorist (UM/UIM) claims
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Claims against employers if the driver was working
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Claims against bars or restaurants in limited circumstances
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Claims involving multiple vehicles or shared fault
An experienced Florida wrongful death attorney can identify all possible sources of recovery.
How Long Do You Have to File a Wrongful Death Lawsuit in Florida?
Florida imposes a strict statute of limitations on wrongful death claims. In most cases, the lawsuit must be filed within two years of the date of death.
Missing this deadline can permanently bar the claim—no matter how strong the evidence.
Do You Have to Wait for the Criminal DUI Case to End?
No. Civil wrongful death lawsuits are separate from criminal proceedings. Families do not need to wait for a DUI conviction to file a wrongful death claim.
In fact, acting early can help preserve evidence, obtain crash data, and protect insurance coverage.
Taking the First Step Toward Accountability
No lawsuit can undo the loss of a loved one. But a wrongful death claim after a fatal DUI accident can provide:
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Financial security for surviving family members
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Accountability for reckless conduct
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A sense of justice and closure
If your family lost someone due to a drunk driver in Florida, speaking with a wrongful death attorney as soon as possible can help protect your rights and honor your loved one’s memory.
Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
This article is for informational purposes only and does not constitute legal advice.
