Personal Injury Attorney West Palm Beach FL

A personal injury attorney can legally represent individuals who have been injured in an accident. Personal injury lawyers work in tort law, and a personal injury claim can include negligent and intentional acts. A West Palm Beach personal injury attorney can pursue compensation for a personal injury lawsuit.

According to the National Center for Health Statistics, there were over 38 million emergency room visits for accident injuries in 2020. Florida had the third-highest number of emergency room visits in 2020, with a total of 1,293 visits per 10,000 residents.

Personal injury law exists to protect us from accidents and wrongful death by holding everyone accountable to a standard of reasonable care. Experienced personal injury lawyers can represent individuals with serious injuries in a car accident, slip and fall, and medical malpractice cases.

Personal Injury Claims

Every tort claim makes determinations based on liability and damages. Personal injury law seeks to prove whether or not the defendant is liable for the damages you sustained. When you can prove liability and damages, it increases the chances of winning your personal injury lawsuit. 

Types of Personal Injury Cases

Most personal injury lawyers handle motor vehicle accidents, which include: 

• Car accidents
• Bicycle accidents
• Motorcycle accidents
• Pedestrian accidents
• Truck Accidents
• Train Accidents
• Boating Accidents
• Aviation Accidents
• Bus Accidents

West Palm Beach Personal injury lawyers also handle the following case types:

• Premises liability
• Negligent security 
• Slip and fall accidents
• Animal bites and attacks 
• Nursing home abuse 
• Construction accidents 
• Medical malpractice
• Wrongful death claims

Personal Injury Lawyer Duties

West Palm Beach personal injury lawyers can benefit your case by doing the following:

Gathering Evidence

A West Palm personal injury attorney can gather evidence to support a plaintiff’s claim. This often entails securing medical treatment records, police reports, and incident reports. A top personal injury lawyer will:

• Track down witnesses
• Get witness statements
• Use pictures of the accident 
• Retain evidence
• Negotiate a settlement
• Represent victims in a trial

The evidence establishes liability for who caused an accident and the damages you’ve faced. Evidence may include medical treatment reports, medical records, bills, employment documents, employment records, and property damage reports.

Negotiating with Insurance Companies

West Palm personal injury lawyers have experience negotiating with insurance companies. They review all the details to determine the maximum level of compensation you could be entitled to. In a wrongful death claim, they can advocate on behalf of the surviving relatives. 

A West Palm Beach personal injury lawyer can help those with catastrophic injuries by handling all communications with the insurance company. This can help prevent a serious injury victim from doing anything to jeopardize their right to seek compensation. 

Sending Demand Letters

A personal injury lawyer will send a demand letter to an insurance company stating the facts of the accident to demand a certain amount of compensation for the damages the defendant caused. Speak with a West Palm tort attorney to help recover your medical care expenses. 

Preparing Pleadings

If an insurance company refuses to offer fair financial compensation, a seasoned West Palm personal injury attorney can help file a claim against the defendant. The defendant generally has 30 days from the date of receiving the complaint to respond. When negligence causes a severe injury in a slip and fall, property owners can be held responsible.

Conducting Discovery

A West Palm Beach lawyer can initiate your legal claim discovery processes. This includes sending interrogatories and deposing witnesses and experts.

Representing Clients at Trial

Although most West Palm personal injury cases end in a settlement, if your insurance claim goes to a trial, a personal injury lawyer provides representation in court. Personal injury lawyers are familiar with court procedures and will ensure that they are carefully followed.

Negligence in West Palm, FL

Negligence is the basis for most personal injury lawsuits, from auto collisions to slips and falls to medical malpractice.Negligence is when someone accidentally or intentionally makes an error which injures someone else. 

How Do You Prove Negligence in a Personal Injury Case?

The majority of injury lawsuits allege that the wrongdoer committed negligent acts. To win in a negligence lawsuit, the victim must establish four elements: 

1. The wrongdoer owed a duty of care to the victim 
2. The wrongdoer breached the duty
3. The breach caused an injury 
4. The victim suffered damages. 

In order to establish liability and secure damages for your emotional trauma and physical pain, a plaintiff must establish all four of the above-mentioned elements.

West Palm Personal Injury Damages

If you want to recover compensation, you must have been injured or suffered damages. There are three types of damages available to victims in West Palm, Florida:

• Special damages compensate for the medical costs, lost wages, and property damage.
• General damages compensate for non-economic losses, such as pain and suffering, emotional distress, disfigurement, or the loss of companionship of a loved one.
• Punitive damages punish and deter wrongdoers from engaging in willful misconduct that harms others.

Strict Liability

Strict liability holds designers and manufacturers liable for injuries caused by defective products. If you can show that the defective product was designed or manufactured in a manner that made it unreasonably dangerous when used as intended, then you could be entitled to compensation. A diligent defective product attorney in West Palm can be of assistance.  

Evidence Necessary in a Personal Injury Case

When an injury victim takes their case to trial, working with an established lawyer to present the best possible proof of the opposing party’s negligence is crucial for a successful outcome. The following evidence can be helpful in negligence claims: 

• Physical evidence
• Evidence from the scene of the accident
• Injury documentation
• Witness testimony
• Photos and Video

Damages in a West Palm Personal Injury Case

You can claim certain damages from a West Palm Beach personal injury case. There are different equations to calculate the amount of compensation you should receive in Florida personal injury cases:

Property Damage

When accidents in South Florida involve property, such as car accidents, premises liability claims, or a home is damaged because of negligence, the victim may be entitled to receive compensation for the property damage sustained.

Medical Costs

Many injury claim victims successfully seek compensation for an emergency room visit, doctor’s appointment, follow-up visits, physical therapy, and prescription costs. The victim may be entitled to medical expenses for all previous treatments received as well as future treatments.

Emotional Distress

West Palm injury victims in South Florida may also be entitled to damages for emotional distress. Personal injury attorneys use Florida law to recover compensation for the psychological treatment that a victim needs.

Lost Wages

If a victim misses work because of injury treatment for a car accident, they may be entitled to recover their lost wages. West Palm Beach personal injury attorneys can help those ready to file a personal injury claim. 

Disability

If your Palm Beach injury is so serious that you’re unable to return to work, you may receive compensation for the loss of your earnings. A proven West Palm Beach personal injury attorney can help you recover damages in insurance claims.

Pain and Suffering

The victim may also be entitled to damages for pain and suffering in West Palm Beach personal injury claims. 

Other Damages

Other damages may be available in West Palm Beach based on the particular circumstances of the case. Such damages may include loss of consortium, loss of enjoyment of life and loss of companionship.

Proving Damages In Palm Beach

West Palm Beach injury victims have the burden of establishing the damages they have endured. Palm Beach plaintiffs should retain all records. Providing the necessary information to your West Palm Beach personal injury lawyer can help you recover compensation using the following evidence:

• Property damage estimates
• Repair costs
• Medical records
• Employment records that show the average earnings and the time lost from work 

For emotional injuries, the victim may not have received psychological treatment so it may be difficult to substantiate a claim for these damages. By involving a West Palm Beach personal injury lawyer early in your claims process, steps can be taken to preserve all aspects of your claim.

How are Damages in a Personal Injury Case Calculated?

The real worth of a personal injury claim has various considerations that are analyzed for thoroughness and completeness. There are numerous ways to negotiate about what should be obtained versus what is possible and the standard for the specific factors involved.

If the client is not happy about what is offered as a valid and fair amount, they can attempt to seek another judgment. However, the elements of the case often include lawyer fees, medical expenses, property restoration, and bills paid while awaiting compensatory payouts. 

This amount will often vary due to the severity of the injury, pain and suffering, distress due to the incident, the loss of income caused, and other concerns.

Calculating Damages With A West Palm Beach Attorney

When determining the estimated compensation amounts, it’s imperative that you pick a West Palm Beach injury lawyer that you can trust. Your access to a fair and reasonable settlement will be in their hands. 

Your legal representative has to be willing to do everything within their power to ensure the payout is as much possible. By researching the numbers from previous and current cases in the area, your diligent injury lawyer can determine a reasonable estimate using all the factors and details of your compensation claim. 

If you need assistance estimating the value of your claims, speak with personal injury lawyers in West Palm Beach, FL right away. 

West Palm Beach, Florida Damage Cap Laws

The state of Florida imposes damage caps on the total amount of money that can be awarded for punitive damages. Currently, the law limits punitive damages to three times the total amount of compensatory damages, or $500,000.

​​The state of Florida imposes no caps on compensatory damages. Plaintiffs do need to fully document any damages they might be claiming.

Legal Assistance from an Adept Professional

Individuals who’ve suffered injuries in personal injury cases such as slips and falls, car accidents, medical malpractice cases, and other types of injuries should consult with a personal injury lawyer. 

Your experienced attorney in Palm Beach can explain whether there are any applicable damage caps in the state where the action is filed, whether another state may be a preferable place to file your claim, and whether any pending legislation could potentially affect the outcome of your claim.

A personal injury lawyer will explain your victim’s rights and options to defend your claim during negotiations with insurers or in a trial before a judge. They can also discuss whether there may be a constitutional argument or another legal challenge that can be made to any applicable damage cap law when the case goes to trial or if an appeal is possible.

How Tourism and Attractions Impact the Accident Rate in West Palm Beach

More than 7.3 million people visit Palm Beach County every year. The $4.6 billion they spend is an undeniable boom to the local economy, but it also means that there are more people using the roads, which leads to more potential for accidents. 

Tourists in West Palm Beach have less acquaintance with the lay of the land, signs, traffic signals, weather patterns, and road infrastructure. This often means that they might be unfamiliar with any one-way streets or traffic patterns, leading to accidents and injuries.

Tourist traffic also causes more drivers to slow down unexpectedly to avoid tourists, check out sites along the road, or look at their phones for maps to find their destinations. The driving behaviors of tourists can make it difficult for other drivers to predict when a dangerous situation might occur.

Speak with An Aggressive West Palm Beach Personal Injury Attorney

Our network of personal injury attorneys in West Palm Beach are dedicated to standing up against bad-faith insurance claims, large insurance conglomerates, government entities, and corporations that try to take advantage of injury victims. 

1-800-Injured in West Palm Beach, Florida

1-800-Injured is a medical and attorney referral network registered with the Florida Bar as a Qualified Provider. We connect our clients with trained professionals who can assist them with their individual personal injury needs. Victims of personal injuries may choose not to contact an attorney because of the additional stress of the search process. We can connect them to a lawyer in their community on their behalf. 

After an initial consultation with our team, we use our network to find an attorney who is ready and willing to take your case. We reduce the barriers that people experience trying to find a proven attorney. We empower personal injury victims to fight for the compensation they rightfully deserve following an accident someone else caused.

A Network of Legal Providers in South Florida

Our network of providers is constantly growing. This means that victims and attorneys alike gain value from our extensive network of professionals. 1-800-Injured has grown to include over 100 medical providers offering treatment in chiropractic, physical therapy, interventional pain management, orthopedic, neurology, and neurosurgery services. 

Our mission is to give attorneys the comfort and confidence to assist their clients with finding quality options for their medical needs while making it as seamless as possible through unparalleled service and our proprietary platform. 

Attorneys, personal injury victim claimants,  medical providers, or specialists can contact us so our team can help them take advantage of the 1-800-Injured referral network as soon as possible. We pride ourselves on advancing our platform to make the connection process as simple as possible for all of our clients, regardless of their unique situations or needs.