West Palm Beach Personal Injury Lawyer
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Want to know the best way to handle your serious injury claim? Speak with an experienced and reputable personal injury lawyer in West Palm Beach.
An injury can steal your independence, ability to work, and your life before your accident. When someone else caused this, these life-altering changes come with a sense of injustice.
The civil tort system lets you seek justice for your losses. When someone else causes your injuries, you can file a personal injury claim. This seeks money for your expenses and emotional hardship since your West Palm Beach accident.
Getting the financial settlement you deserve won’t be easy, though. The responsible party or their insurance company may not accept fault or pay you what you’re owed.
A West Palm Beach personal injury lawyer from the Law Offices of Casey D. Shomo can see that the other side takes your claim seriously. Your lawyer can give you the best chance for a positive case outcome.
The Concept of Negligence in West Palm Beach Injury Lawsuits
To understand how to file a personal injury claim in West Palm Beach or the rest of Florida, you may first need to learn what negligence is from a legal standpoint. Negligence is a concept that refers to another person’s liability if you’re injured because of that person’s actions or failure to act.
Here’s an example. You are on your friend’s staircase in their West Palm Beach home. You fall because of an unsecured railing. You can sue the friend due to their negligence. How was your friend negligent? They didn’t warn you about the hazard and should have fixed the railing.
You can file a personal injury claim to seek compensation for medical care, missed wages, and your pain and suffering, among other things.
Not every accident involves negligence. The responsible party must be found to have contributed in some way to your accident, and you must have suffered actual damages.
Here’s another example. Let’s say you tripped down that same staircase, but you weren’t injured. You can’t file a claim simply because you could have been hurt.
It’s also difficult to file an injury claim in West Palm Beach if you never went to the doctor or hospital for your injuries. Medical evidence is usually needed to prove that you were injured.
Even if you were partially to blame for an accident that injured you, a personal injury lawyer can still help you seek damages from the other party if they hold some responsibility.
Looking Into What Caused Your Personal Injury
Your first step is to figure out who was at fault for your accident and prove it. You’ll be able to maximize the amount you receive in your financial award by identifying everyone who played a role in what happened and naming them in your demand letter.
What does a personal injury investigation entail? Witnesses may have to be interviewed by your West Palm Beach injury lawyer. You’ll need to gather all evidence of your medical injury. You’ll need to keep careful records of how your injuries have affected you and your future. You may also need to find expert testimony to support your version of events.
You may not have the mobility to do all this. And you probably don’t have the legal know-how needed to win. Working with a lawyer in West Palm Beach means all the investigation work will be taken care of for you. That leaves you to focus on healing.
Here are evidence types that could help prove your West Palm Beach injury claim:
- Video and photo evidence of your injuries and the accident scene
- Witness statements and expert testimony
- Accident and police reports
- Medical history and medical evidence of your injuries
- Records of how this accident has impacted you emotionally, physically, and financially
Your personal injury lawyer will be able to conduct this investigation for you in West Palm Beach.
Examples of Personal Injury Claims in West Palm Beach
Almost any type of accident can involve a personal injury claim. But most cases tend to involve a few common accident categories, such as:
- Car Accidents – From car crashes to industrial truck accidents to motorcycle accidents, many different parties can be at fault. This includes the other driver, a parts manufacturer, a passenger, and even a government entity that failed to properly maintain the roads.
- Medical Malpractice – If your injury or illness was caused by a negligent healthcare provider, you can—and should—hold them accountable. This includes doctors, nurses, hospitals, dentists, pharmacists, and more.
- Premises Liability – When a property owner allows a hazard on their grounds to go unaddressed and visitors get injured because of it, they can be liable. From a dog bite to a slip-and-fall, you’re justified in seeking a settlement.
- Defective Products – Some companies and corporations have a bad habit of putting profits over people’s safety. Whether your injury was caused by defective medication or an exploding appliance, you can seek compensation and prevent others from being injured at the same time.
- Nursing Home Abuse – When an elder is abused at a nursing home or caregiving facility, you can file an injury claim on behalf of your loved one. Hold these institutions accountable for not keeping a vulnerable adult safe.
Special Issues in Personal Injury Cases
Two elements are very important: how much time you have to file and what being partially responsible will mean for your personal injury case.
How much time do you have to file? Florida’s statute of limitations is four years for personal injury claims. This might sound like a lot of time. But the sooner a West Palm Beach injury lawyer from our firm can begin investigating, the easier it will be to collect evidence and witness testimony.
Also, if you wait to file until after four years have passed from the date of your injury, odds are high that your case will be dismissed without being heard.
What about partial responsibility? Florida is more generous than many other states. As long as someone else bore some level of responsibility for the accident, you can seek compensation. Negligence will be assigned to all involved parties in percentages determined by the case.
Injury Types and Compensation in West Palm Beach
Once fault has been nailed down, your personal injury lawyer in West Palm Beach will need to assess your claim’s value. Some injuries will have a greater impact on your finances and quality of life than others. But any serious injury can justify a settlement:
- Traumatic brain injuries (TBIs)
- Spine and neck damage
- Broken and fractured bones
- Severe burns
- Limb loss
- Internal bleeding and organ damage
- Wrongful death
Fair Compensation for Your Personal Injury Damages and Losses
You can seek a settlement to cover any financial and nonfinancial losses caused by your injury. You’ll need to work closely with your doctor and personal injury lawyer in West Palm Beach.
A large part of your financial losses will be medical bills, but it’s key to be sure your future expenses are accounted for, too. Any lost wages or earning potential will also need to be included. Also include property damage, therapy costs, transportation expenses, and any other loss caused by the accident that has a direct financial value.
Your settlement won’t be complete if it doesn’t also factor in how your standard of living has been affected. This is represented by your non-economic damages. Pain and suffering, emotional distress, disfigurement, loss of consortium, and lost enjoyment of life are common examples.
West Palm Beach Personal Injury FAQ
It’s likely you’ll have many questions after a serious injury. Below, we’ve answered a few of the most common queries. If you’d like more info, please contact our West Palm Beach office to speak with a personal injury lawyer.
What is loss of consortium in personal injury claims?
Loss of consortium refers to the damage your injury or accident does to your personal relationships—especially your marriage. It includes both lost companionship and lost sexual function.
Can I bring a West Palm Beach injury claim on behalf of a child?
Yes. Parents and guardians can file injury claims on behalf of children. Kids are entitled to the same damages for their injuries and losses. Other considerations will also be made, such as how their injuries will affect their growth and development. If they’ll never be able to work, for example, compensation for the future can be sought.
What’s the difference between economic and non-economic damages in personal injury claims?
Economic damages, also called monetary damages, are all the losses you’ve suffered that were directly tied to a financial loss. Medical bills and missed wages from time off work are examples. Non-economic damages have to do with how this accident impacted the nonfinancial parts of your life.
Speak with a Personal Injury Lawyer in West Palm Beach
At The Law Offices of Casey D. Shomo, we have extensive experience with personal injury law. We can help you through the complex legal process to a successful conclusion. You don’t have to let the other side decide the terms of your settlement. Instead, keep them honest by working with an experienced law firm.
Schedule a free, no-obligation consultation with a West Palm Beach personal injury lawyer and find out what we can do for you. Get started today by completing the form on this page or by calling 561-659-6366.