Doug / 11-26-2008 / Newsletter

Florida DUI Award

Mike Damaso Tom Dennis
Written By
Mike Damaso and Tom Dennis
Butch Wooten Orman Kimbrough
Peer Reviewed By
Butch Wooten and Orman Kimbrough
Updated: October 28, 2024

A lawsuit involving a drunken driver who hit a car carrying a four-year-old boy and his father resulted in a $50 million award for the plaintiffs. The man charged with drunken driving was sentenced to five years in a Florida jail. His car reportedly hit the car of the father and son, and the son’s skull shattered immediately upon impact and the father sustained internal injuries to his diaphragm, spleen and brain damage.

The boy had such significant damage to his head that parts of his skull had to be surgically removed from inside his brain. It is unclear whether the boy will ever be completely rehabilitated from the accident. He is under 24-hour care and lives at a Florida rehabilitation facility. After a few years, the father was still unable to return to work.

The $50 million award was largely due to ongoing medical treatments for both the father and son, large scale rehabilitation for both, lost work time for the father, future for lost wages for both the son and the father and pain and suffering for both.

Florida Damages

In Florida personal injury car accident lawsuits, the injured party is entitled to be made whole by the at-fault party and/or insurance companies. It is the responsibility of the plaintiff in Florida personal injury car accident cases to show that the accident was caused by the actions or inactions of the defendant and that the injuries and damages incurred were indeed a result of the automobile accident. Damages that can be awarded to plaintiffs in Florida include:

  • Medical payments
  • Future medical bills
  • Lost income
  • Economic loss from car damage
  • Economic loss from property damage
  • Lost services and support

Florida No-Fault Rules

Florida has a no-fault rule that requires each driver in the state to purchase automobile insurance and requires each individual’s auto insurance to pay for the individual’s economic damages up to a certain limit. However, there are circumstances in which the at-fault party may be required to pay for damages and injury payments. These include:

  • Substantial loss of bodily functions
  • Death
  • Substantial bodily disfigurement
  • Damages that are permanent

A qualified Orlando car accident attorney works on behalf of those injured or damaged in car accidents to make them whole once again. These experienced Orlando car accident lawyers have the know-how to get the job done and reach agreements with courts and insurance companies that pays victims’ bills.

Partners of Wooten Kimbrough, P.A., are Board Certified Civil Trial Attorneys. They have handled numerous car accident cases and they have over 180 years of combined experience as Orlando car accidents lawyers. We never charge our clients unless we are able to recover. At Wooten Kimbrough, P.A., we welcome the opportunity to discuss your potential personal injury case free of charge.

Team Wooten, Kimbrough, Damaso & Dennis

Legally Written and Reviewed by a Managing Partner

Wooten, Kimbrough, Damaso & Dennis

Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. With over 100 years of combined courtroom experience, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.

Disclaimer: All verdicts and settlements listed here are gross amounts before deductions for attorney fees and costs. Past results do not guarantee similar results in the future. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result. Before choosing a lawyer, ask for written information about the lawyer's legal qualifications and experience.