Partner
Mark J. Miller
Mark's biography describes work in insurance defense and prosecution before his plaintiff-side practice. That background informs the firm's evaluation of liability disputes and insurance positions.
The criminal charge does not answer your medical bills.
Fort Lauderdale Drunk Driving Accident Lawyer
Miller & Jacobs represents people injured by impaired drivers in Fort Lauderdale. We review the civil injury claim, available insurance, and the consequences of the crash while the separate criminal process may continue. You can ask about your options before a charge or prosecution reaches a final outcome.
The consultation is free. No attorney fee is owed unless compensation is recovered for you. The written agreement explains fees and costs.
$300M+
Reported Recoveries for Injured Clients
50+ Years
Combined Legal Experience
230+
Combined Jury Trials Across Their Careers
Former Prosecutors
Experienced Trial Attorneys
Two legal processes after one collision
A civil injury claim has its own evidence and timing.
The criminal case addresses an alleged offense. The civil claim seeks recovery for legally supported injury losses from a responsible party. They may use some of the same records, but the purposes, proof, and deadlines differ.
A charge is a starting fact
Keep the report number and the name of the responding agency. A DUI arrest or charge can be relevant without establishing every element of a civil claim. We assess driving conduct, causation, and losses rather than treating the charge as a guaranteed settlement.
The prosecution may continue
We can begin a civil review while criminal proceedings are pending. Access to particular records can depend on their status and the applicable process. Do not assume that an open prosecution pauses an injury filing deadline or an insurance notice requirement.
A different criminal outcome
A reduced charge or lack of conviction does not by itself settle every civil question. Available witnesses, recordings, and physical evidence still need assessment under the applicable civil rules. The full facts matter more than an assumption based on the case label.
Before the night becomes a collection of fragments
Preserve observations without trying to conduct an investigation yourself.
A collision near Las Olas, the beach, or a route home needs the exact location and sequence. Get necessary care and follow emergency instructions. Keep what you observed and the records you can obtain safely.
Your direct account
Write down the vehicle movement, impact, and anything you personally saw or heard. Separate that from what someone later told you. Do not approach a driver, test sobriety, or guess a blood-alcohol level from appearance.
Witnesses and recordings
Save witness contact details and original dashcam or phone files. Identify nearby businesses that may have relevant video. A preservation request cannot guarantee a recording exists or provide immediate access, but a useful time window helps identify possible evidence.
The official record
Keep the exchange sheet, crash number, and any later criminal-case reference. Reports, officer observations, testing information, and available recordings can have different access rules. We identify the appropriate source rather than assuming one report contains everything.
Our Fort Lauderdale personal injury guide explains how medical and incident records support the broader injury claim.
The days after the collision
The arrest may be in the news while your injury is still unfolding.
You may be thinking about a medical appointment, returning home, or getting through a shift. Those concerns belong in the injury review. Tell us about the next decision you need to make, even if the criminal case is still at an early stage.
Insurance questions remain after an impaired-driving allegation
Identify the policy before estimating a recovery.
The driver, vehicle owner, and your own policies can raise distinct questions. An allegation of intoxication does not establish a policy limit, guarantee coverage, or determine the injury value. Keep the full letters and documents.
Liability policy
Available liability insurance
We review identified policies, vehicle ownership, and the facts supporting liability. A driver may have limited coverage or several claims arising from the event. The existence of a DUI charge does not create an additional insurance policy or promise that limits will be paid.
Your policies
Your own coverage
Applicable uninsured or underinsured motorist coverage may provide another avenue, subject to policy terms and notice requirements. Where PIP medical benefits apply, qualifying initial care generally must occur within 14 days. Eligibility and coverage priority need individual review.
Before signing
An early release
Retain the complete offer and proposed release. We assess the supported losses, available coverage, and other claims or benefits that may be affected. A check offered soon after an arrest is not necessarily a complete assessment of an injury still being treated.
A free consultation
You can ask about the injury claim before the criminal case ends.
Call for a free review of the Fort Lauderdale impaired-driving collision. We can explain the civil evidence, insurance, and timing questions using the records you already have.
What an aggravated claim still has to prove
Alcohol involvement does not make every additional remedy automatic.
Serious conduct may raise additional questions, including punitive damages or a possible claim against an alcohol seller. Each has legal requirements beyond proof that drinking occurred. We investigate supported facts without promising an enlarged recovery.
Punitive damages
Section 768.72 requires an evidentiary basis and permission to plead a punitive claim. An award requires the applicable clear-and-convincing showing of intentional misconduct or gross negligence. A DUI allegation alone is not a promise of punitive damages or insurer payment.
An alcohol seller
Under section 768.125, lawful service to an adult generally does not create liability merely because intoxication caused injury. The statute has narrow exceptions involving willful and unlawful service to an underage person or knowing service to a habitually addicted person. Evidence of the applicable exception is essential.
A vehicle or business relationship
Vehicle ownership and work being performed can require additional investigation. They do not automatically make every owner or business responsible for every act. We assess the particular relationship, conduct, and applicable law before identifying a supported claim.
The next decision should account for your recovery
Document the effects that an arrest report cannot show.
Medical restrictions, missed income, and needed assistance explain the consequences of the collision. Qualified providers assess treatment and prognosis. We review that evidence alongside liability and coverage before discussing an offer.
01
Connect care across locations
If you return home after visiting Fort Lauderdale, keep follow-up records and tell us where treatment continues. An accurate medical history matters, including an earlier condition that was worsened. A phone consultation can start the legal review.
02
Describe the actual losses
Retain bills, benefit decisions, wages, and necessary assistance or transport receipts. Explain changes in the tasks you could perform. An honest account of persistent limitations helps evaluate the claim without relying on an unsupported broad estimate.
03
Review the deadline now
Many current negligence claims have a two-year filing limit under section 95.11, with incident date, claim type, and exceptions needing review. Criminal proceedings and insurance negotiations do not automatically extend it. Any fault allegation must also be assessed under the applicable civil rules.
Miller & Jacobs
Experience behind your next decision.
Partners Mark J. Miller and Rick S. Jacobs serve Fort Lauderdale injury clients from the firm's Pompano Beach office. Their published biographies explain the courtroom experience behind their assessment of disputed claims.
Partner
Rick S. Jacobs
Rick's biography describes his service as an Assistant State Attorney in Miami-Dade County and his trial work. Read the published background for details of his professional experience.
Our South Florida office is at 1600 S Federal Highway, Suite 1101, Pompano Beach, FL 33062. Call 954-465-8733 before visiting.
Decisions and practical questions
Questions about the civil claim after a Fort Lauderdale DUI crash
Must there be a DUI conviction before I can ask about compensation?
No. A civil review can begin while the criminal case is pending or when no conviction has occurred. Driving conduct, injury causation, and the available evidence still need assessment. A consultation does not guarantee that a claim will succeed.
Does a DUI arrest guarantee an insurance settlement?
No. Liability, coverage, supported damages, and policy terms remain separate questions. The arrest can be relevant evidence without establishing every element or a particular payment.
Can the bar automatically be sued because the driver drank there?
No. Florida section 768.125 limits alcohol-furnisher liability, with narrow exceptions for specified underage service or knowing service to a habitually addicted person. Drinking at a business alone does not establish a supported claim against it.
Can I preserve evidence without speaking to the impaired driver?
Yes. Keep the official exchange and report information, your original photographs, recordings, and witness contacts. Follow emergency instructions and do not put yourself at risk to gather material. A lawyer can assess appropriate further requests.
What if I was visiting Fort Lauderdale when the crash occurred?
You can begin the review by phone after returning home. Save the local incident information and records of continuing care. Insurance eligibility and any later participation requirements depend on your circumstances and the claim.
Does the criminal case pause my civil filing deadline?
Do not assume so. The claim type, incident date, and applicable exceptions determine the civil timing analysis. Ask about the deadline while the criminal or insurance process continues.
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