How is the amount of a drunk driving restitution determined?

In Florida, the amount of restitution in a drunk driving accident is determined by the amount of an injury, the amount of property damage, and other losses incurred as a result of the accident. The court will consider both economic and non-economic losses when determining restitution. Economic losses may include medical bills, lost wages, and repair costs for any damaged property. Non-economic losses may include emotional distress, pain and suffering, and loss of enjoyment of life. In determining restitution, the court seeks to make each party as close to “whole” as possible. Any restitution awarded must be reasonable and fair, and it is determined on a case by case basis. The restitution amount is calculated by considering the percentage of fault of each driver, as well as any insurance coverage the drivers may have had. The court will also consider the criminal history of the wrong-doer when determining the amount of restitution. If the wrong-doer has multiple drunk driving convictions, the court may decide to increase the restitution amount to give a greater deterrent effect. Restitution is an important part of the criminal justice system and can help victims of drunk driving accidents receive the compensation they deserve.

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How is the amount of a drunk driving restitution determined?

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