Personal Injury Law in West Palm Beach, FL

Were you hurt due to another’s negligence in West Palm Beach? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in West Palm Beach, FL can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in West Palm Beach relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in West Palm Beach, FL

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in West Palm Beach 

The Florida Department of Health reported that unintentional injury is the fourth leading cause of death in Palm Beach County. However, among ages 1-44, unintentional injury is the leading cause of death in Palm Beach County. Additionally, falls and motor vehicle accidents are the leading causes of emergency room visits in Palm Beach County. According to Data USA, average car ownership in West Palm Beach is two per household, the same as the state average. However, West Palm Beach’s population density is almost 6 times the state average which could lead to more motor vehicle accidents, and therefore more injuries.

Steps in a Personal Injury Lawsuit in West Palm Beach, FL

Once you determine that you wish to proceed forward with a personal injury action in Florida

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

After consulting with a qualified West Palm Beach attorney, you must gather evidence, list your demands, and serve the defendant with a demand letter. If initial settlement negotiations fail, you will typically file a civil suit. Specifically, West Palm Beach residents file with the 15th Judicial Circuit Court or the Palm Beach County Court, depending on the dollar amount involved.

Florida Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

Injuries in West Palm Beach can be hard to avoid, and so are expensive medical bills. According to Consumer Health Ratings, the average cost of an emergency room visit in Florida was $6,609. According to the Palm Beach Post, one in five Palm Beach County residents has no health insurance and even simple procedures can run into five figures. Depending on the medical facility

you visit, you could be surprised by unexpected charges. In fact, depending on your insurance, you could be liable for most if not all of the bill. After adding on other expenses such as property damage or work loss compensation, your West Palm Beach personal injury claim could become significant.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in FL, that means you risk not receiving any compensation at all.

Damage Awards in Florida

If your Florida personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

In Florida, there are no damage caps for personal injury cases for both economic or non-economic damages. However, according to the Florida Statutes, there are varying limits for punitive damages.

Statute of Limitations in West Palm Beach, FL Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

According to Florida law the statute of limitations for a personal injury suit in Florida is 4 years. If you live in West Palm Beach, this means you only have 4 years from the date of your injury to file a suit. However, if your injury suit involves a government agency or employee, the statute of limitations may be shorter.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced West Palm Beach, FL Lawyer

Pursue a personal injury claim in West Palm Beach against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Florida state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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