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About The Law Offices of Casey D. Shomo
The Law Offices of Casey D. Shomo provides clients with all the perks of a small law firm with none of the negatives. We get the best results for our injury clients, and our awards prove it.
A Palm Beach Injury Attorney Dedicated to You
Casey D. Shomo is a solo legal practitioner who commits to his clients. After suffering an injury due to a car accident, medical malpractice, or any other reason, you need a lawyer on your side who gives you personal attention, answers all your questions, and has your best interests in mind from start to finish.
When you work with our law firm, you get all of the perks of a big firm with none of the drawbacks. We have experienced paralegals, nurse paralegals, and investigators on staff, as well as a network of contacts and resources that is the envy of the Palm Beach legal scene. As our personal injury or medical malpractice client, securing your full compensation will be our top priority.
A Law Firm Recognized for Its Success
The Law Offices of Casey D. Shomo is not a novice law firm. Attorney Shomo has a proven track record of successful cases, both in negotiating settlements out of court and litigating them in front of a judge and jury. From West Palm Beach to Boca Raton and beyond, our firm is widely recognized for the results we get on behalf of our clients.
Attorney Shomo is a member of both the Million Dollar and Multi-Million Dollar Advocates Forums, meaning that he has secured settlements worth millions of dollars for accident victims. He has also been voted one of the top lawyers in Florida on more than one occasion, and secured a preeminent rating from Martindale-Hubbell—the highest they award.
Serving All of Palm Beach County and South Florida
With conveniently located offices near West Palm Beach, the Law Offices of Casey D. Shomo has handled cases from all over Florida. Attorney Shomo is a West Palm Beach personal injury lawyer familiar with court systems across the county and state. He has even been admitted to practice law in the United States Federal Court in the Southern District of Florida.
No matter where you’re at in Palm Beach County, Attorney Shomo is well-prepared to handle your case. We have investigated car accidents, medical negligence, and other injury scenarios throughout the state. We come to you, and once we take up your case, we never stop fighting for the full compensation you’re entitled to from the at-fault party.
Why Choose The Law Offices of Casey D. Shomo
At the Law Offices of Casey D. Shomo, we seek justice and full compensation for the victims of medical malpractice, car accidents, and other personal injury scenarios.
Justice for Medical Malpractice
There’s an implicit trust between healthcare providers and their patients. When doctors, nurses, dentists, and other providers fail to perform their duty to the highest possible standard, people get hurt by their medical malpractice. Medical negligence claims are not easy to resolve, as they often require expert medical witnesses and a great deal of investigation and resources.
At the Law Offices of Casey D. Shomo, we take a special interest in securing justice for the victims of medical injuries and illnesses. If you’ve suffered from malpractice in any form—whether birth injuries, dental malpractice, a failure to diagnose, or anything else—we’re standing by and ready to begin building a case to support your claim.
Full Compensation for an Auto Wreck
Florida’s no-fault auto insurance system often complicates the process of getting full compensation for a devastating motor vehicle accident. It’s just one more step that needs to be taken before you can move on to a proper injury claim that holds the at-fault driver responsible—a complication that you shouldn’t have to worry about while you’re recovering from the collision.
Whether you were involved in a car, semi-truck, or motorcycle crash, our West Palm Beach car accident lawyer can help you fight through the red tape and collect the damages you need to get your life back on the right course. Attorney Shomo is never intimidated by an insurance company, so whether they’re trying to blame you for the crash or lowball your settlement, he can ensure that they deal with you fairly.
Legal Representation for Personal Injury Claims
Of course, personal injury claims extend beyond just motor vehicle wrecks. The West Palm Beach personal injury attorney from the Law Offices of Casey D. Shomo has the depth of experience and knowledge necessary to handle any type of accident claim. From a brain injury suffered in a slip-and-fall to spinal damage experienced in a hazardous construction zone, we’ve successfully resolved all types of cases.
Our firm knows Florida personal injury law inside and out. No matter what your situation, Attorney Shomo will know all the applicable statutes that will apply to your case and how to use the available evidence to your best advantage. When you’ve been injured, we’re the personal injury firm that you want on your side working on your behalf.
West Palm Beach Car Accident Lawyer
Most of us understand that auto accidents can be very dangerous, but until you experience an accident yourself, you don’t realize just how terrifying the experience can truly be. The memory of even a minor auto accident can stay with you for a lifetime, creating a fear of riding in vehicles that may never go away.
If you’ve been hurt in a crash, you already understand the effects of a serious auto collision. Depending on the seriousness of your crash injuries, you could be dealing with extensive losses, and you may not know how to go about putting your life back together. The first step is to contact an experienced accident attorney so that you can get started on filing a personal injury claim to recover your damages.
Personal injury claims allow you to recover the losses you’ve suffered. You could be dealing with expensive medical costs, missing out on wages, and dealing with intense physical pain and emotional trauma. Get help filing your injury claim by working with a West Palm Beach car accident lawyer from the Law Offices of Casey D. Shomo, PA.
Auto Insurance Laws in Florida
Florida’s laws regarding personal injury claims for auto wrecks are a little different than most other states. When you’re involved in a wreck in Florida, you would normally have to file a claim with your own insurance company to recover damages. This is due to Florida’s no-fault auto insurance laws.
Under no-fault insurance laws, when an accident occurs—regardless of who’s at fault—each involved driver’s insurance and personal injury protection (PIP) benefits should cover the damages. You won’t need to investigate the cause of the crash because it doesn’t really matter who caused it when filing a no-fault claim (in most cases).
The exception to these no-fault laws is when someone is seriously hurt in an accident. When a serious injury occurs, you will be allowed to take your West Palm Beach car crash claim out of the no-fault system and into the tort system. This is due in part to the extensive damages a serious injury can cause in the victim’s life.
If you’ve been seriously hurt, your injuries and losses will likely far exceed the coverage limits that your own no-fault insurance provides. That’s when you can file your claim against the other drivers or responsible parties involved in your accident. As long as those drivers were more at fault than you were, you can collect damages from their insurance providers.
This process isn’t simple and usually involves proving that your injuries meet Florida’s serious injury definition. Our West Palm Beach car accident lawyer can review your case and determine whether your injuries make you eligible to file an injury claim in civil court.
Investigating Your West Palm Beach Automobile Wreck
In order to file a personal injury claim, you must first find out what caused your auto accident and who was responsible for it. Investigating your wreck is imperative to proving the cause of the crash, who’s liable, and the seriousness of your injuries.
Investigation isn’t an easy process. It requires analyzing evidence, interviewing witnesses, hiring crash scene and medical experts, and tracking down important documents like police reports.
Immediately after getting seriously injured in a crash, it is unlikely that you can head out with your notepad, pen, and camera in search of evidence. You should instead be concentrating on recovering from your crash injuries, which is why it’s a good idea to retain an experienced car accident lawyer to handle the investigation for you.
Some of the evidence your attorney will use to prove your car crash claim includes the following:
- Witness statements
- Testimony from medical and accident experts
- Police, crash, and/or recall reports
- Photo and video evidence
- Medical evidence of your injuries and medical history
- Records of your losses
Discovering the Cause of Your Accident and Who’s Responsible
One of the most important and difficult aspects of any personal injury case is figuring out what caused the vehicle wreck and who was responsible for it. Car crashes are complicated, and there are innumerable factors that could lead to a collision.
For example, weather conditions often cause vehicles to crash due to slippery roads or poor sight conditions. Additionally, a person’s negligence is a major cause of auto accidents. In fact, in most vehicle collisions—even when weather was a factor—human error is often to blame to at least some extent.
For example, if inclement weather was a factor, it’s necessary for drivers to slow down and use common sense and defensive driving practices to prevent an accident. When a driver refuses to slow down or fails to take the proper precautions, the driver in question can be considered negligent if a collision occurs.
Listed below are many of the reasons that auto wrecks occur in Palm Beach County and the rest of Florida due to negligence. A surprising fact is that not all collisions are caused by a negligent driver.
- Drowsy Driving – Driving when tired is dangerous for obvious reasons, and if you’ve been injured because of a drowsy driver or trucker, you deserve to be compensated for your injuries. In this situation, the drowsy driver could be held liable, or if injured by a trucker, you could pursue a claim against the trucking company.
- Drunk Driving – Intoxicated driving is extremely unsafe for everyone on the road, and drunk drivers can be prosecuted in criminal court for any injuries they’ve caused in an accident. You can also be financially compensated by taking the drunk driver to civil court.
- Unsafe Road Conditions – The government is responsible for maintaining the roadways, and if you were injured by a road hazard, you could file a claim against the government. Potholes, steep shoulder embankments, and faded lane markers are just a few examples of hazards that could lead to a serious injury accident.
- Mechanical Errors – When you take your vehicle to a body shop, you expect it to be repaired properly and returned to you in safe working order. If a mechanic failed to properly secure a tire, for example, you could file an injury claim against the mechanic or body shop if that’s what caused your collision.
- Faulty Automobile Parts – Manufacturing companies are the makers of your automobile and the parts that make cars run. They are held to strict safety and design regulations to ensure that all the products that reach consumers are well-made and safe. You can file a claim against a negligent manufacturer.
- Speeding and Reckless Driving – Driving faster than the posted speed limit is one example of reckless driving, although there are many others. When a driver chooses to disregard the safety of others and drive in an unsafe manner, he or she can be held responsible for the injuries and damages caused to others.
- Distracted Driving – Widely known to cause accidents, distracted driving has been outlawed in most states. Especially dangerous is any use of a cell phone while operating a vehicle. If you’ve been injured and can prove that another driver was engaging in distracted driving, you have strong grounds for a personal injury claim.
Common Crash Injuries
Vehicle crashes can cause virtually any injury type you can think of, and when you’ve sustained a serious injury, you deserve to recover damages for your losses. The more serious your injury, the more extensive your damages are likely to be.
For example, when you’ve suffered a minor broken bone in a car crash, your doctor could set the bone and put a cast on it, allowing it to fully heal in a few months under ideal circumstances. You may even be able to promptly return to work.
With a serious injury, however, your broken bone may require several surgeries, multiple hospital stays, excruciating physical pain, and time off from work—and the bone might still never fuse together properly. It all depends on the severity of the injury and other factors outside of your control.
When you’ve been seriously hurt in a car accident, you’re eligible to file a claim against the party who injured you. In Florida, there are some injuries that are recognized as catastrophic. This would likely mean that the insurance companies or court would take your claim seriously if you sustained one of the following injuries:
- Amputations – The loss of a limb is an extremely traumatic injury, both physically and emotionally. This kind of injury has the potential to limit your mobility and your ability to work and provide for your family. You should be compensated for an injury as serious as a limb amputation caused by another’s negligence.
- Spinal Cord Injuries – Injuries to the spine are especially serious, and some injuries can be so severe that they lead to irreversible damage such as paralysis. Spinal injuries can change your life, creating mobility issues, an inability to work, and a need for caregiving assistance.
- Broken and Fractured Bones – Some broken bones aren’t considered truly serious injuries, such as if they will fully heal with the injured no worse for wear afterward. Unfortunately, some broken bone injuries can be quite serious. If your broken bone was a compound fracture or simply didn’t heal properly, this type of injury can affect you for life.
- Traumatic Head Injuries – Brain trauma is incredibly serious and can lead to permanent brain damage. Head injuries can affect your cognitive functioning, memory, coordination, personality, and mood. If you’ve sustained a permanent brain injury, you deserve justice for the way this injury has changed you.
- Neck and Shoulder Trauma – Soft-tissue damage can be very serious, causing mobility issues and chronic pain. While these injuries may not seem serious at first glance, they can affect your ability to work certain jobs or enjoy certain activities you used to enjoy.
- Organ Damage – When your organs have been seriously damaged following a vehicle crash, this can greatly impact your life. It’s possible to lose an organ or organ tissue. All these serious injuries can greatly hinder your physical abilities and your outlook on life.
- Burn Injuries – Serious burn injuries can cause you to suffer great pain, permanent injuries, and even lose mobility due to muscle and nerve damage. In some cases, a burn injury can lead to wrongful death. You can often file an injury claim for a serious burn injury that resulted from a car crash.
Getting the Settlement You Deserve from Car Insurance Companies
Probably the most challenging obstacle in the way of obtaining the money you deserve for your injuries is the insurance company responsible for handling your claim. Insurance providers are supposed to be there when people are injured in vehicle collisions—that’s their sole purpose. Regrettably, insurance companies are businesses focused on turning a profit first and foremost.
Insurance providers care about their bottom line above all else, and they will therefore minimize their expenses if they can. You—an innocent accident victim—are the largest expense they have. Insurers don’t want to pay out on claims. They would be much happier if they never had to pay a claim ever again.
Negotiating with insurance companies is not an easy process. You must be able to prove your case and your injuries. If you don’t make a convincing case, they will refuse to pay out on your claim, or they will offer you far less than your claim is actually worth.
In addition to denying legitimate claims, they will actively look for reasons to lower your claim’s worth. They are rather ingenious at this, and they will utilize any method they can think of to lower the payout they must award you.
See below for a few examples of the ways that insurance companies could try to take advantage of you. Working with a car accident lawyer in West Palm Beach is the easiest way to avoid falling victim to these:
- Offer you a fast and unreasonably low settlement in the hopes that you’ll jump at the first offer produced. Insurance companies understand that you’re likely drowning in medical debt, so they will appeal to your desire to pay off all the immediate bills. Taking this offer is often a bad idea, because it’s usually far lower than your total losses.
- Try to get you to admit fault or partial fault so that your claim’s value will be minimized. They understand that with Florida’s law of comparative fault, any award you’re eligible for can be decreased by the percentage of fault assigned to you. They will call and attempt to record your statements, hoping you’ll accidentally accept some of the blame.
- Deny your injuries, claiming that you suffered the injuries elsewhere and not in the car accident. This is one of the ways they try to get out of paying on a traffic crash claim altogether.
- Bully you by threatening to take your case to court. Insurers know that you probably don’t want to go to court. They will use your fear of the courtroom against you, hoping that you’ll accept a low settlement just to avoid court.
Let your West Palm Beach car accident attorney deal with the insurance companies so that you can focus on your injuries and recovering from the traumatic experience of the wreck.
Recovering Your Losses After a Wreck in West Palm Beach
Suffering car crash injuries through no fault of your own means that the person responsible should be held accountable for all the damages you’ve been forced to deal with. Serious injuries may have left you with an array of losses, and you shouldn’t have to pay for them out of your own finances. After all, you didn’t cause the car crash that left you in the hospital or missing out on work.
So what types of damages can you request in a West Palm Beach accident claim? You can request compensation for any damages the vehicle wreck has caused you. You can add up all the financial losses that the accident has caused, such as medical bills and property damage.
You can also be compensated for your non-economic losses, as well. Non-economic losses can have an even greater impact on your life, although they aren’t tied to a monetary loss. For example, if you’re experiencing post-traumatic stress from the accident, this can count as a non-economic damage.
See below for some of the damages a West Palm Beach car accident lawyer from our Florida law firm can help you seek:
- Medical costs, including medications, copays, hospital stays, surgeries, and rehabilitative therapy
- Physical pain and emotional trauma
- Mental trauma caused by the accident, such as post-traumatic stress disorder (PTSD)
- Missed work and wages, including permanent disability
- Permanent injury, scarring, and disfigurement
- Caregiving services
- Mobility devices
- Loss of enjoyment of life
Don’t Delay in Filing Your Palm Beach Accident Claim
An accident attorney from our firm understands that you’ve been through a lot and that the thought of fighting with insurance companies over money might be overwhelming. Nevertheless, if you want to be compensated for a vehicle crash that you weren’t responsible for, you will need to file a personal injury claim against the responsible parties.
It’s important to note that there are also timeframes for filing injury claims in West Palm Beach and the rest of Florida. The time limit for filing car crash claims is four years from the date of your injury collision. If you fail to bring your accident claim within that timeframe, you run the risk of missing the chance to file a claim at all.
Additionally, it’s important to file an auto wreck claim as quickly as possible following your crash. This is because witnesses tend to forget the incident (including you); the witnesses may move and finding them can become difficult (if not impossible), for example. Other evidence can be lost in time, as well.
Don’t take the risk of waiting too long to file an injury claim. It costs you nothing to contact a West Palm Beach auto accident lawyer at the Law Offices of Casey D. Shomo because we offer free consultations. Tell us about your case, and we can advise you on whether you have a good case and how much compensation you’re eligible to receive.
How Can a Car Accident Attorney Help Me?
Some people believe that filing an auto wreck claim on their own is a good idea. Maybe they think it will save them money, or maybe they just like to do things on their own. This is rarely a smart move, however. Your injuries will likely prevent you from doing all the work necessary to investigate and prove your claim.
In addition, attorneys have resources that most car crash victims don’t have access to. That’s not even taking into account all the knowledge, education, experience, and skill needed to win an auto injury case.
Negotiating fair compensation from insurance companies can also be extremely difficult. If you don’t have an accident attorney on your side, you may end up being taken advantage of, receiving a settlement that is far less than the true value of your claim.
There’s no reason to try to go it alone. Working with our personal injury law firm will make filing an accident claim in Palm Beach substantially less stressful and will mean a much better case result in the end.
Contact a West Palm Beach Car Accident Attorney
Filing a personal injury claim for a vehicle accident is a difficult process, especially given the serious injury threshold for Florida auto wreck cases. Proving that your injuries are serious and then proving the negligence of the at-fault party will not be an easy task. It’s best to get help from an experienced lawyer who handles car crash cases every day.
An attorney from our firm will investigate what caused your crash and determine who is liable; he will gather all evidence needed to prove your case and will walk you through the entire process every step of the way. Our firm believes in protecting your rights and getting you the compensation you deserve for your car wreck injuries.
To speak with a West Palm Beach car accident lawyer during a free case review, all you have to do is reach out to us. Contact us using the online form on this page, or simply call the Law Offices of Casey D. Shomo at 561-659-6366. Put an experienced, aggressive attorney to work on your case today.
West Palm Beach Car Accident FAQ
It’s easy to get overwhelmed by all the steps that go into filing a West Palm Beach auto accident claim. You don’t have to do it alone, however, and it’s important to bear in mind that every vehicle crash victim has probably felt the same way you do.
Filing a claim to recover damages from a Florida auto wreck isn’t an easy procedure, especially when you must also contend with Florida’s serious injury threshold. To make filing a case as simple as possible, get legal assistance from a West Palm Beach car accident attorney from the Law Offices of Casey D. Shomo, PA.
Your attorney will help you understand the entire procedure from beginning to end, and he will guide you so that you won’t have to worry about missing an important step or getting a settlement that is lower than what you deserve.
When you call our office, an attorney will answer all your questions up front and put your mind at ease as early as right now. If you would like more information about the auto accident claim process in Palm Beach, take a look through the questions and answers we’ve listed below.
Does it cost any money to file an auto wreck claim?
There are some filing fees associated with a vehicle crash claim, and there are other expenses that your case could bring about, such as the cost of hiring expert witnesses to testify on your behalf, the cost of investigating your accident, and the cost of obtaining certain reports and documents.
That being said, your car accident attorney will handle these costs up front so that you won’t have to worry about them right away. These expenses will later be taken out of the settlement check that you’ll be awarded when your attorney wins your case.
What is Florida’s definition of negligence in vehicle collisions?
Negligence is based on the idea that all persons are responsible for the harm they do to others. In auto wrecks, when a person causes a crash he or she should be liable for the damages that follow. Even when a person didn’t intend to harm you, he or she can still be held accountable for the losses you’ve suffered as a result of your car crash.
What are some of the most common reasons for car accidents in West Palm Beach?
You probably already understand that any number of factors could cause a crash. Most of these factors have something to do with human error. The leading factors in auto collisions involving negligence are the following: distracted driving, drunk driving, parts malfunctions, mechanical error, speeding, and other forms of reckless driving.
Is there anything I can do to make my claim reach a positive outcome?
Absolutely! When you’ve just been involved in an auto wreck, you may not be fully aware of what’s going on or what caused the crash, so it’s important not to answer any questions before you’re in the right state of mind.
Depending on the seriousness of your injuries, you may not even be conscious when you’re taken from the accident scene and transported to the hospital, so don’t let others try to blame you if you don’t even know what happened.
If you were alert following your crash, you could still have been in shock, or the trauma from the accident may have impacted your understanding of the events, so just be careful with what you say. One way to help your case is to not claim responsibility for something you didn’t do.
When police interview you, if you don’t know what happened, simply say that. Sometimes other people will try to deduce what happened, then they will tell you what they think occurred and will then try to get you to agree to their version of events. Hold your silence until you’ve talked to a car accident lawyer first.
Another way to help your case is to not speak with insurers without talking to your lawyer first. Insurers will use what you say against you or they will try to saddle you with blame.
Also, keeping careful records of events and your injuries can greatly help your case. Write down everything, even if you aren’t sure if it will help your case. It’s better to have too much information than not enough.
That goes for evidence, as well. If you have access to photos or video evidence of the crash, make sure you keep this proof in a safe place.
Finally, follow your doctor’s orders. You could lose your case if your injury worsens because you didn’t do what the doctor told you to. Attend all required appointments, take medications as prescribed, and follow medical advice.
What if I don’t have the money to pay for a West Palm Beach car accident lawyer?
A lot of accident victims don’t believe they can afford to pay for a lawyer, so they try to handle their claim on their own. Later on, they realize just how difficult the process is, but by then, they may have already damaged their case.
Our car accident law firm works on a contingency fee basis, which means that you don’t pay your attorney until after your car crash case has been won. In most cases, your attorney will get you a much better settlement than you could get by yourself, which means that the attorney fees will get paid but you won’t be losing any money.
Should I speak with the insurance companies if they call me?
Auto wreck victims do get calls from insurance companies, usually attempting to get you to accept a low payout. They will also call you in an attempt to lower your claim’s value by tricking you into admitting fault for the collision. Some insurance companies will try to record your statement so that they can play it back in court at a later time.
Whatever tactic the insurance company chooses to use, if they’re calling you, it’s best not to say too much. Your car accident attorney can communicate with the insurance companies on your behalf. If you don’t talk to them, they won’t be able to use your statements against you or take advantage of you in ways that can be difficult to spot.
What’s the difference between economic and non-economic damages?
Damages are all the ways that the auto accident has affected your life, and that includes monetary effects and non-monetary effects.
- Economic damages are the monetary losses you’ve endured. Things like medical expenses, missed time at work, cost of rehabilitation and mental health treatment, property damage, and similar losses are considered monetary expenses.
- Non-economic damages (sometimes called non-monetary damages) are the ways that the accident has impacted you in all other ways. Non-economic losses could be things like emotional trauma, mental health issues, inability to enjoy activities that once brought your life meaning, and other issues that aren’t tied to a financial loss.
There could be many ways that you’ve been impacted by your accident. You can request monetary payment for all of your damages.
Does the type of auto accident I was in matter to my case?
Not always, but it can make a difference with the compensation you recover.
With most auto wrecks, only one other driver will be involved and that means you’ll only be dealing with one insurance company. In that situation, it wouldn’t matter whether you were involved in a rear-end collision, T-bone crash, or sideswipe wreck. If you were hurt, you can seek damages from the driver who hurt you.
If, however, you were involved in an accident involving a commercial vehicle such as an 18-wheeler, you could be eligible to seek additional damages from the driver’s company.
For example, if a trucking company was involved, you were hit by an Uber driver, or experienced a wreck involving a government vehicle, you would be able to file your accident claim against more than one party so long as you weren’t the one to blame for the crash.
When a commercial vehicle is involved, or if your crash was caused by road conditions or outside factors, the type of accident could change the compensation you’re eligible to receive.
Why do insurance companies have so little sympathy for car wreck victims?
It’s not personal. They aren’t trying to win an award for “Villain of the Year.” However, they are businesses, so they will always put their profits before your welfare. They view insurance payouts as a loss, and they will try to minimize their losses whenever they can.
That’s why they will try to get you to admit at least partial fault for an accident—so they can pay you less in a settlement. They will use any tactic that they can get away with to lower the value of your case, but you don’t have to let them get away with this behavior.
The easiest way to deal with insurance companies is to let your West Palm Beach car accident lawyer handle them for you.
How are car accident cases investigated in personal injury claims?
Investigating your car accident isn’t an easy thing to do on your own. The more serious the accident, the more imperative it is that your accident be fully investigated. Every detail must be examined in order to piece together what caused your crash—and the cause isn’t always obvious.
In some cases, the cause could be a part malfunction, or a road hazard that’s not easy to spot. Your attorney will have to hire crash scene investigators in order to determine what caused your wreck and who is liable.
Additionally, witnesses will need to be interviewed, video evidence will need to be scrutinized, and your medical records will also require analysis. Trying to investigate your own auto accident while recovering from serious injuries would be nearly impossible. You can trust an attorney from our firm to investigate your case for you.
What if I was partially responsible for the car crash that caused my injuries?
Florida (and most states) follows a doctrine called comparative fault. Comparative fault is when all the involved drivers’ behaviors are compared to determine who was the most responsible for a crash. The driver who caused the crash is typically the one who would be liable for damages; however, more than one party could be liable.
If you were injured in a car crash, as long as you weren’t the driver most to blame for the wreck, you can still pursue damages from the other parties involved. Even if you were somewhat to blame for the crash, you can still file a claim against the other drivers for the negligence they were responsible for.
For example, let’s say that you were traveling through an intersection when a red-light runner collided with your vehicle. You had the right-of-way, but it’s determined that you would have been able to avoid the accident if you hadn’t been eating while driving.
As a result, it’s determined you are 10 percent responsible for the accident while the other driver is 90 percent liable. That means that whatever damages you’re awarded will be lowered by 10 percent because of the fault that was found to be your responsibility.
Can I file an auto injury claim if I’m involved in a single-car accident?
Yes! It’s very possible for you to be seriously injured in a single-car wreck not of your own making.
For example, if your tire blows out while on the freeway, are you to blame? What if that tire was just installed yesterday by a tire shop? In this example, the responsibility would likely rest with the mechanic or body shop that improperly installed the tire.
Another example of when a single-car collision might not be your fault would be when a road hazard caused your crash. If you were driving along on a street and a huge pothole caused you to lose control of your automobile and crash into a tree, the government would likely be liable for your crash injuries and damages.
What if I was injured while a passenger in an Uber or Lyft driver’s vehicle?
When you’ve been injured because of an Uber or Lyft driver’s negligence, you have options. You can file an injury claim against the driver of the vehicle, but in many cases, you would also be able to file a claim against the rideshare company, as well.
What types of compensation you would be eligible to receive will depend on the specifics of your case, but a car accident attorney in West Palm Beach can help you understand your options. You deserve to be compensated when a negligent party harmed you.
What are punitive damages in Florida auto crash cases?
Punitive damages are a type of damages that can be ordered in personal injury cases. These damages aren’t all that common, but they can be ordered if the court determines that the at-fault party was overly negligent. These damages are awarded to punish the negligent party—not just to compensate the victim.
What does Florida consider a “serious injury”?
Florida’s serious injury threshold is vague, and for good reason. It would be very difficult to classify an injury as minor or serious because injuries can affect people differently, or an injury type can be both minor or serious depending on the circumstances.
For instance, a broken bone injury could be minor and could heal quickly, allowing the injured person to reach a full recovery. Or, a broken bone injury could be painful and serious, resulting in a permanent injury that never heals properly.
A vague definition is necessary under the law, and the best car accident lawyers will discuss your injury case with you in order to determine if your injuries meet the definition of “serious.”
Nevertheless, Florida essentially defines a serious injury as a permanent injury, an injury that is significant, or an injury that results in scarring or disfigurement.
Can I file a wrongful death claim if a loved one was killed in a car crash?
Yes. There is nothing worse than losing a loved one, especially when your loved one was lost in a preventable accident. You can file a wrongful death claim seeking damages for all your losses, as well as for the suffering your loved one endured before death.
Wrongful death claims can compensate you for medical expenses, the loss of wage-earning capacity, pain and suffering, funeral and burial costs, and loss of consortium.
The family members of the deceased generally file wrongful death claims in Florida. You shouldn’t have to file a wrongful death claim on your own, so speak with an attorney from our law firm about your case today.
How long will it take for my car accident case to reach a resolution?
In most cases, auto accident claims can be resolved in under one year. Most likely your case will take at least a few months to resolve. In rare situations, you could have a case that takes up to two or more years to resolve. Cases that are taken to trial will also last longer than cases that settle out of court.
Here are some of the factors that could lengthen the car crash claim process:
- Insurance companies sometimes purposely drag out the claims process hoping that you’ll get frustrated and agree to a low settlement offer.
- If paperwork is filed incorrectly, this could lead to unnecessary delays.
- If you’re still in the hospital or you’re still receiving medical care for your injuries, it may be best not to settle until you’ve reached maximum recovery. This will allow you to claim all your medical expenses and not just make a guess.
Will I have to go to court in order to get fair compensation for a crash?
In most cases, it will not be necessary to attend court in order to get the fair monetary compensation you deserve. Your attorney will work hard to negotiate a fair settlement with the insurance companies involved with your case.
If one or more of the insurers refuse to fairly pay you for your damages, it may become necessary to take your case to court. Even so, you shouldn’t be worried. Your West Palm Beach car accident attorney will prepare you for trial in every way and will tell you what to expect.
Your attorney will also do all the heavy lifting in the trial so that you won’t have to feel overwhelmed. Evidence will be presented, witnesses will testify, and your lawyer will make a persuasive argument that you deserve compensation for everything you’ve been through.
The judge and jury will then need to decide whether to award compensation, as well as how much they think your damages are worth.
Will I have to testify in court?
If it becomes necessary to take your claim to court, you will likely be worried about testifying. It’s true that you may have to testify; after all, you were involved in the car accident, so your version of events will matter. However, testifying isn’t as bad as it sounds, and our attorney will help you prepare for your day in court.
If a settlement is reached, how long will it take to receive the check?
In general, it should only take a few weeks for you to receive your payout from the insurance company once a settlement has been agreed upon. The insurance companies are held to certain standards, and delaying payment is not acceptable.
If you don’t receive payment within two months at most, your car accident attorney can look into what is causing the delay. If the insurance company is not following good faith practices, they can be held accountable for that poor behavior.
When I speak with an auto wreck attorney, what types of questions should I ask?
It can be overwhelming when you speak with an attorney about your case for the first time, and you may forget to ask the questions that are most important to you as a result. Here are a few that you don’t want to forget to ask:
Will you be working on my case directly? Do I have a strong case? How much do you think my case is worth? Why should I choose you to be my accident and injury lawyer?
Why should I choose the Law Offices of Casey D. Shomo to assist with my case?
When looking for a top West Palm Beach car accident lawyer, you want to find one with experience, knowledge, and a proven record of success.
Attorney Casey Shomo has been recognized as one of the Top Lawyers in Florida. Put that knowledge, experience, and success to work for you. Our firm will work tirelessly to ensure that you get the money you deserve.
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Awards & Associations
Milion Dollar Advocates Forum
Membership in the Million Dollar Advocates Forum is limited to trial attorneys who have secured a million-dollar settlement on behalf of their clients. Members gain access to an impressive network of contacts and resources.
Multi-Million Dollar Advocates Forum
The Multi-Million Dollar Advocates Forum only grants membership to trial lawyers who have won settlements for clients that are worth multi millions of dollars. Only about one percent of lawyers belong to this prestigious organization.
American's Top 100 Attorneys
America’s Top 100 Attorneys uses a selection method that is via invitation only. Candidates must pass multiple phases before being granted membership, thereby ensuring that only the best lawyers are admitted and recognized.
American Board of Trial Advocates
Protecting our Seventh Amendment right to a jury trial is the mission of the American Board of Trial Advocates. Members must display high levels of integrity, civility, and skill in the courtroom, making experience a defining trait.
Top Trial Lawyers in Florida 2013-14
To be recognized as a Top Trial Lawyer in Florida is to be recognized for demonstrating the highest level of ethics in the courtroom at trial. Recipients of this award demonstrate professional excellence in how they conduct themselves.
AV Peer Review Rated Preeminent
Martindale-Hubbell’s AV Peer Review Rating is often considered the gold standard in attorney ratings. As these ratings are granted by other attorneys, a high rating is guaranteed to mean that an attorney is both ethical and successful.