Have you been injured due to someone else’s negligence in West Palm Beach? You may be entitled to financial compensation. Contact an experienced West Palm Beach personal injury lawyer at Fetterman & Associates, P.A., to discuss your situation and recover damages. One of our skilled personal injury lawyers will evaluate your case and help you pursue compensation on your behalf. Call (561) 845-2510 or complete our contact form to schedule a free consultation today.
When Our West Palm Beach Personal Injury Attorneys Can Help
While various situations lead to a personal injury, our injury attorneys in West Palm Beach represent victims who have been injured in all types of accidents, including:
- Car accidents
- Truck crashes
- Motorcycle collisions
- Boat accidents
- Bicycle crashes
- Pedestrian accidents
- Public transportation accidents
- Slip and fall accidents
- Swimming pool accidents
- Medical malpractice
- Negligent Security
While each personal injury claim is unique, our results-driven attorneys at Fetterman & Associates, P.A., will find a personalized approach that suits your case best to maximize your compensation and help you recover damages as soon as possible.
Should You File a West Palm Beach Personal Injury Lawsuit?
If you cannot settle your injury claim out of court, you may have no other option but to sue the person or entity whose negligence caused or contributed to your injury.
Depending on the severity of your injury, you might face extensive and costly medical treatment, loss of income, and other expenses and damages. Filing a personal injury claim is necessary to obtain compensation for any losses associated with your injury.
While most personal injury claims never proceed to trial, some cases require parties to go to court. Whether you are filing a personal injury claim or pursuing a lawsuit, you will need to prove negligence on the part of the other person or entity involved to recover damages.
How Much is Your Personal Injury Case Worth?
You need to consult with an experienced West Palm Beach personal injury lawyer to determine the true value of your injury case. How much your particular case is worth depends on several factors, including but not limited to the following:
- The facts surrounding your injury;
- The severity of your injury;
- How soon are you expected to recover;
- Whether your injury has affected your ability to work, earning capacity, or other aspects of your life;
- Whether you contributed to the accident;
- The strength of your injury case and how compelling your arguments are; and
- The limits on insurance coverage.
Among other things, the value of your injury case depends on what damages are available in your particular situation. Typically, personal injury claims are made up of two types of damages: economic and non-economic. Economic include medical expenses and lost wages, while non-economic include pain and suffering, emotional distress, loss of enjoyment of life, and others.
Schedule a free consultation with a personal injury lawyer in West Palm Beach today to estimate your case value.
What Will Our Injury Lawyer Need to Prove?
An experienced lawyer will help you gather evidence proving the at-fault party’s negligence to obtain compensation on your behalf. Chapter 768 of the Florida Statute provides that victims must prove four elements to recover damages in a personal injury case:
- Another person or entity had a duty to exercise due care to avoid causing harm;
- That person or entity’s negligence breached the duty of care;
- The breach led to the victim’s injury; and
- The victim’s injury resulted in damages and losses.
Here at Fetterman & Associates, P.A., our skilled injury lawyers in West Palm Beach represent clients who have sustained all types of injuries as a result of someone else’s negligence, including but not limited to:
- Brain injury
- Broken or fractured bones
- Back or spinal cord injuries
- Burn injury
- Loss of limb
- Catastrophic injuries
Can You Recover Damages if You Were Partially Responsible for Your Injury?
In many personal injury cases, the question of liability is more complex than it might seem, especially if the injured party contributed to their injury. But would the fact that you were partially responsible for your injury prevent you from recovering damages?
Not at all. Under the Florida Statute Section 768.81 –the “comparative negligence” rule – you can pursue a personal injury claim to obtain compensation for your damages even if you were partially at fault. However, your compensation will be reduced based on your degree of fault.
Under Florida’s comparative negligence doctrine, an injured victim’s recoverable compensation is reduced by the percentage of their negligence. For instance, if you are found 30% at fault for your injury, your settlement will be reduced by 30%.
Our West Palm Beach personal injury attorneys will ensure you are not blamed for another person’s negligence to help you obtain the compensation you deserve.
Damages Our West Palm Beach Personal Injury Lawyer Can Help You Recover
The availability of damages that you can recover depends on the circumstances of your personal injury case. With a knowledgeable lawyer on your side, you could be able to recover the following types of economic damages:
- Medical bills (past, present, and future);
- Lost wages;
- Diminished earning capacity; and
- Property damage.
Additionally, you may be entitled to recover non-economic damages such as:
- Pain and suffering;
- Emotional distress;
- Mental anguish;
- Loss of enjoyment of life;
- Diminished quality of life;
- Permanent scarring or disfigurement;
- Disability or physical impairment; and
- Loss of consortium or partnership.
The specific damages you are entitled to depend on your situation and injuries. You can count on our personal injury lawyers to provide aggressive representation that ensures you receive the maximum compensation possible for your losses and injuries.
Florida Statute of Limitations for Personal Injury Lawsuits
Like all other states, Florida has a strict deadline for filing personal injury lawsuits. Under the Florida Statute Section 95.11, the statute of limitation depends on the type of your case:
- Four years from the date of the accident for personal injury;
- Two years from the event that caused your injury or the moment when you discovered your injury (but no longer than four years from the incident) for medical malpractice; and
- Two years from the date of death for wrongful death.
If you bring a claim against a government entity, you must give advance notice of a personal injury claim much shorter than the statute of limitations for lawsuits against non-government parties.
If you believe someone else’s negligence caused your injury, you should contact experienced injury lawyers in West Palm Beach to bring a claim as soon as possible. Failure to file a claim within the statute of limitations could prevent you from recovering compensation.
We understand that trying to deal with the legal process when recovering from serious injuries is challenging. You can count on us to take care of the legal process while you focus on recovering and taking care of your family.
Tourism Impact on Personal Injury Accidents in West Palm Beach
West Palm Beach is the most populous city in Palm Beach County, in southeastern Florida on the Atlantic coast. Some characteristics that make this area popular include the average temperature of 78 degrees and the year-round temperate climate. The inviting weather of this area welcomes hordes of visitors each year who flock to the pristine beaches, world-class golf courses, exceptional restaurants, and warm waters.
While the area is beautiful and tourism helps support the local economy, the large number of tourists combined with the already large population increases the risk and potential of accidents. The influx of people from slips and falls to car crashes means the likelihood of personal injuries is also high.
If you are injured in West Palm Beach, whether you live there or are visiting, our legal team can help you file a claim against the responsible party and recover the compensation you are entitled to.
Frequently Asked Questions
What is considered a personal injury?
A personal injury is a legal claim that results from an injury and related costs. Personal injury claims may include the following:
- Physical injuries
- Physical disabilities
- Emotional trauma
A personal injury case is caused by another person’s or party’s recklessness, carelessness, and negligence. It may result in the victim or victims being entitled to financial compensation for their losses.
If you are involved in a personal injury accident, you may be able to file a legal claim. An attorney can help determine if you have a viable case and how much compensation you may be entitled to. When you file a personal injury lawsuit, some of the types of compensation you may be able to recover include the following:
- Injury-related medical costs for all current and future injuries and treatment
- Compensation for permanent or temporary disabling or disfiguring injuries
- Compensation for emotional and physical pain and suffering
- Lost income if your injuries keep you from going back to work
An injury attorney can provide more specific information about your personal injury case.
Why is having a personal injury lawyer important?
If you are injured in an accident or another situation, it can be an overwhelming and emotional experience. The severity of your injuries will determine the medical treatment you need and if you will fully recover from them. In many cases, the recovery process will be long and require you to miss time from work. This loss of income can cause financial issues for your family.
A Florida personal injury lawyer cannot change what has occurred; however, they can provide you with a knowledgeable advocate to provide support and guidance while reducing the stress of dealing with a personal injury claim after experiencing an injury.
Some of the specific ways our personal injury attorneys can help with your legal claim include the following:
- Investigate to determine the cause of your injuries and gather evidence
- Identify the liable parties for your injuries and damages
- File an insurance claim and handle communication and negotiations with the at-fault party’s insurance company
- Hire experts to help with investigations and accident reconstruction (if needed)
- Work with you and your doctors to document the severity and impact of your accident-related injuries
Our injury attorneys will focus on the legal claim while you focus on your recovery.
How to know if I have a personal injury case?
Most West Palm Beach personal injury claims are based on negligence. To have a case worth pursuing, you must prove that another person caused the accident and your injuries.
The first aspect of proving negligence in a personal injury case is if the person owed you a duty of care. Duty depends on the situation. For example, everyone owes others a duty of care when driving. Doctors and healthcare providers owe patients a reasonable duty of care, and property owners owe visitors a duty of care to keep them safe from hazards on the premises.
The next element of negligence is if the person violated the duty owed, which requires evidence and proof. You must also show that you sustained injuries due to the negligent inaction or action of the at-fault party. If you can prove the elements of negligence, you have grounds to file a personal injury claim.
Which are the steps involved in a personal injury case?
Each personal injury case is unique and based on the incident’s circumstances. However, all cases will go through the following steps:
- Consultation with a personal injury attorney
- Investigation into the circumstances and facts of your injury case
- Treatment for your injuries
- Presentation of the demand package that includes the following information:
- Police or incident report
- Pictures of injuries and property damage
- Medical records and bills
- Receipts for all out-of-pocket costs
- Lost wage documentation
- Negotiations occur when the demand letter is received, and the insurance company presents a counteroffer
- If negotiations are successful, you will receive a settlement for your personal injury claim
- If no settlement is agreed on, then the case will move on to the court, where the attorneys will litigate the matter
It is worth noting that most personal injury cases will end in the settlement phase. However, you can file a lawsuit and fight for compensation in court if this is impossible.
Do all personal injury claims go to court?
If you are involved in an accident and file a personal injury claim, it may be possible to settle out of court. Most cases will not go to trial. This is because, in most cases, it is not beneficial for anyone. After all, going to court is an all-or-nothing situation. Either you will receive everything you requested or nothing.
Also, the losing party must pay both parties’ court and legal fees. This is true even if you hire your attorney on a contingency fee basis. The person or entity that loses may not have to deal with the verdict immediately, and the appeals process can drag on for years. This means it can be long before an accident victim receives the settlement they are awarded (if the case is successful).
How do personal injury settlements work?
A personal injury settlement is the award for a successful personal injury claim. To obtain this compensation, the accident victim must show the other party had a duty of care to ensure the accident victim did not befall harm, and they failed to do this. It is possible to recover a settlement, regardless of the type of accident that caused the harm.
It is important to remember that no two accident claims are the same. The amount you can receive as a settlement varies from one case to another. You must show that the responsible party acted in a manner that caused your damages and then make a claim for damages before receiving compensation or a settlement offer.
While your situation depends on the facts of your case, most cases have settlements that range from $3,000 to $75,000. It is best to speak to a West Palm Beach personal injury lawyer to learn more about what type of settlement offer you may receive for your personal injury situation.
How do you file a personal injury claim?
When you are involved in an accident caused by another person’s negligence, you may be able to file a personal injury claim. Knowing the steps to take will help you with this process. To ensure your claim has the best chance of success, keep the steps of a personal injury claim in mind:
- Get medical care. Seek medical treatment immediately after the incident to find and document all accident-related injuries you sustained.
- Prepare and organize accident-related documentation. If you hire an attorney, they will need all related documentation to prove the cause of the accident and who is liable.
- Investigation. When you hire an attorney, they will investigate the situation to gather evidence and determine who is liable for your accident.
- Determine negligence. Most personal injury cases are proven by negligence. Your attorney can prove that negligence caused your accident and injury.
- Serve the notice of claim. If you pursue a claim, you must inform all parties of your intention with a “service of process.”
- Settlement talks. Your attorney can work with the other party to negotiate an acceptable settlement amount.
- File a lawsuit. This occurs when litigation begins, and you file a personal injury lawsuit.
- Mediation. Some personal injury cases are settled through mediation.
How to increase my personal injury settlement?
If you are at the stage where your attorney is negotiating a settlement for your personal injury claim, it is possible to take steps to increase its value. Some of the ways you can receive the maximum compensation for your personal injury claim include the following:
- Get a medical evaluation immediately
- Gather and preserve accident-related evidence
- File the personal injury claim within the statute of limitations
- Know the value of your claim
- Never accept a first settlement offer
- Include past, current, and future accident-related costs
Be sure to retain the services of an attorney who can work to ensure you receive the maximum compensation for your personal injury claim.
How do I find an excellent personal injury lawyer?
To find an excellent personal injury lawyer, ask people you know. Word-of-mouth recommendations provide you with the most information possible about legal services. You can also learn more about local legal services online. Take time to research the options and schedule free consultations with a few.
Only hire an attorney once you have met with them, face to face, if possible, to discuss your claim and situation. You can contact our office to learn more about the personal injury services we offer.
How Long Will It Take to Settle Your West Palm Beach Personal Injury Claim?
The timeline of your personal injury claim depends on the complexity of your case, the severity of your injuries, and the other party’s willingness to settle, among other factors. While some personal injury cases are settled within three to four months, others can take a year or more.
Going to trial would also extend the duration of your case. However, only a small percentage of personal injury claims become lawsuits. Typically, cases go to trial when the parties cannot negotiate and reach a consensus.
Here at Fetterman & Associates, P.A., our West Palm Beach personal injury attorneys are qualified and trained to reach a fair settlement promptly so that you can get reimbursed for your medical expenses and other injury-related losses. However, we are prepared for any turn of events, as we work diligently on each case as if it will go to trial.
Why Hire Personal Injury Lawyers in West Palm Beach?
If you have been injured due to someone else’s negligence and need help obtaining compensation, contacting a knowledgeable personal injury lawyer will protect your legal rights.
Unfortunately, insurance companies routinely undervalue personal injury claims and offer much less than victims deserve, not to mention that some insurers do not play by the rules. For this reason, it is imperative to be represented by a skilled attorney to negotiate with insurance companies on your behalf and ensure you are getting the compensation you deserve.
Here are the things our lawyers at Fetterman & Associates, P.A., can do to help you win your personal injury case:
- Gather your medical records;
- Collect sufficient evidence proving the other party’s negligence;
- Obtain police and accident reports;
- Interview witnesses;
- Conduct an independent investigation;
- Talk to accident reconstruction specialists and other experts;
- Consult with medical experts to establish the full extent of your injury;
- Negotiate with insurance companies and others to protect your rights;
- Provide legal advice whenever you are in doubt;
- Evaluate your damages and losses to determine how much your personal injury case is worth;
- Establish the four elements of negligence; and
- Represent you in court.
How much will it cost to hire a personal injury attorney?
When you come to our law firm for help with your personal injury claim, you will find we provide services on a contingency fee basis. This means we only receive a payment if your case is successful and you recover compensation.
At this point, we will take a percentage of the settlement you receive. When you hire us as your attorney, we will discuss the percentage and include it in the contract that everyone signs. We are dedicated to being transparent with our costs and can answer any questions you have about the payment process.
Schedule a Free Consultation With a West Palm Beach Personal Injury Lawyer
If you were injured in a vehicle crash or any other accident, consult experienced personal injury attorneys to discuss your options and seek compensation. Contact our lawyers at Fetterman & Associates, P.A., to schedule a free case evaluation. We represent clients throughout Florida from our office in West Palm Beach. Call (561) 845-2510 today for a free consultation.