Our client was traveling northbound on a Palm Beach County roadway when an SUV came quickly from his left attempting to turn into a neighborhood. Unfortunately, the driver of the SUV was intoxicated and violated our client’s right-of-way, causing significant damage – both vehicles were total losses.
Although our client was in pain at the scene, he chose to be stoic and hoped that his pain would go away. When after nearly a month had passed, and his pain did not subside, he finally sought treatment and learned that he had herniated discs in his neck. (It is always important to seek immediate medical care if you are in pain, as untreated injuries can have dire consequences.) He underwent physical therapy and had a definitive surgical recommendation for a serious and substantial neck surgery – for which he did not undergo.
Although the SUV driver was arrested at the scene for DUI, the State chose not to pursue charges, due to technical deficiencies in the DUI investigation/arrest. Undeterred by this fact Murray Guari Trial Attorneys’ used their knowledge of the fact that when the State chooses not to pursue an action for DUI, it is still possible to seek punitive damages in a civil action to maximize the recovery.
Civil cases (such as personal injury) require a jury to find someone is liable/negligent by a preponderance of the evidence (anything more than 50%), whereas criminal cases require a jury to find someone guilty beyond a reasonable doubt (a much higher burden of proof).
As a result, Murray Guari Trial Attorneys obtained a $250,000, pre-suit settlement for the un-operated disc injury and our client’s pain and suffering. It is always important to have knowledgeable a dedicated attorneys working for you when you are injured as a result of the negligence of others, especially when there are allegations of intoxication.