West Palm Beach Personal Injury Lawyer
Are you overwhelmed at the medical fees and inability to work following a personal injury? Personal injuries can be expensive. The legal process required to seek compensation may seem daunting and confusing. A personal injury lawyer in West Palm Beach, FL, from our firm is ready to assist you in getting the compensation that you deserve.
Call us today at (561) 899-5020.
Florida’s Personal Injury Laws
Understanding Florida’s personal injury laws can help us determine the best legal steps to take for your personal injury case. It is important that we follow Florida’s laws so that we can collect compensation from the responsible party.
Types of Personal Injury Cases
Personal injury can be a part of any case that includes the four elements of personal injury. Personal injury cases might include car accidents, defective product designs, vehicle recalls, medical malpractice, slip and falls, wrongful death, and birthing injuries. The specific type and details of your case will help us determine the best legal steps to take.
Four Elements of Personal Injury
Florida requires that we establish the following four elements of personal injury:
Duty of Care
The defendant must have had a legal duty of care for your wellbeing. The specific duty of care will depend on the type of relationship and the context of the injury.
Breach of Duty
The defendant must have acted in a way that breached that duty of care. The actions could have been intentional or negligent. Negligent activities may include the following:
- Distracted driving
- Failure to notify customers of dangerous conditions
- Defective product designs
- Driving under the influence
- Medical errors during a routine medical visit
The defendant’s actions must have caused the accident to occur.
There must have been payable damages involved in the accident. This is often the medical costs, property damage, and pain and suffering that occurred because of the accident.
Personal Injury Recoverable Damages
Once we have established that another party was at fault for your personal injury, we may seek compensation for the costs incurred. Florida allows us to seek compensation for the following damages:
- Medical costs (past, present, and future)
- Transportation costs (towing, vehicle repairs, temporary transportation)
- Loss of consortium (the loss of relationships as a result of the injury)
- Pain and suffering (the extreme pain and suffering that occurred from the injury)
- Childcare costs (day care and housesitting costs)
- Loss of wages (income lost due to medical procedures)
- Diminished earning capacity (the inability to earn the same income as before the accident occurred)
The actual recoverable damages will depend on your case and the injuries suffered. We will assist you in calculating this compensatory amount.
Florida’s Personal Injury Statute of Limitations
As a general rule, we must file all personal injury lawsuits in the state of Florida within four years from the date of the accident. However, it is best to begin the process as soon as possible. Otherwise, we risk losing time-sensitive evidence and the ability to count on the recollections and statements of witnesses.
Some rare personal injury cases qualify for an extended statute of limitations. However, these cases are rare, so it is important to discuss the details of your case with a personal injury lawyer as soon as possible.
Additionally, cases involving medical malpractice have shorter statute of limitation requirements.
Pure Comparative Negligence State
Florida is also a pure comparative negligence state, which means that they will reduce your payout by the percentage that you are at fault for the accident.
How We Can Assist You With Your Personal Injury Case
Our legal team of personal injury lawyers can assist you with your personal injury case in the following ways:
Every accident is different. This means that the injuries suffered and the costs incurred are also different. In order for us to advise you on the best legal steps to take, it is important that we get to know you and the details of your case. The confidential and complimentary consultation can also give you the opportunity to ask any questions you might have about the legal process.
Assist You In Navigating the Legal Process
We will assist you in determining the appropriate legal steps to take. It is important that you receive the compensation and justice that you deserve. By collecting important documents and establishing the four elements of personal injury, we can establish fault and find justice.
We will also assist you in considering all settlement offers. Settlement offers can reduce legal costs for both parties by shortening the legal process. Settlement offers can also sometimes get you compensated faster. However, if a settlement offer does not cover your costs incurred, our team is ready to fight for you in court.
Calculating damages is an important part of the personal injury legal process. It gives us a number to reach for. This can make it easier when evaluating settlement offers and considering court costs. We will need to take into account all damages incurred as well as expected future costs.
Call a Personal Injury Lawyer in West Palm Beach, FL
When you experience lifelong injuries at the fault of another party, it is only right that they pay for the damages. Choosing a personal injury lawyer in West Palm Beach, FL, that is familiar with Florida’s injury laws is necessary to ensure that you get what you deserve.