Imagine you are going through your day to day normal routines in Boca Raton, be it swimming in the ocean, running some errands, or going to work. As you are going through your day, you get injured by someone else’s actions without expecting it. This injury then requires you to go to the hospital to get treatment, and you may have to miss work or school for some days or even months. In these instances, it is normal to be frustrated, confused, and unsure of what your next steps will be.
You deserve compensation for all the losses related to your injury, and to help get this, you will need the help of a Boca Raton personal injury lawyer. This is where Englander Peebles comes in. If you need someone that will fight for you all through the way and in court, then we are the law firm for you.
We understand how hard it is to get compensation, especially from insurance companies. We will ensure that you get what you rightfully deserve. If you or your loved one has been injured in an accident, contact us to schedule your free consultation.
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How Do I Know If I Have A Personal Injury Claim?
When you have been involved in an accident, it is usually not apparent if you have grounds for a personal injury claim. To ensure that you have a personal injury claim, you need to prove that the other party acted on negligence. You will have a strong claim if:
- The accident was caused by a negligent party. For example, if a driver crashed into your car because they ignored a stop sign, they would be considered negligent.
- You followed the right steps after the accident.
Once you are involved in an accident, you need to follow the right steps. These include:
- Seek medical care.
- File an accident report.
- Take pictures of the scene.
- Gather contact information from witnesses of the accident.
- You have indisputable evidence to show that the defendant was at fault.
- All the medical records are there and are valid.
- You have kept track of all the expenses incurred from the accident.
- You were impacted financially due to lost wages and medical bills.
With the above information, you will have a strong personal injury claim. However, the best way to know if you have a strong claim is to talk with a personal injury attorney. This will be especially crucial in cases where you were partly to blame for the injuries. Contributory negligence applies in such cases, so you can still seek compensation but the amount you receive may be reduced due to the percentage of fault you were to blame for.
Why Do I Need a Lawyer for a Personal Injury Claim?
One of the most common questions that people involved in accidents ask is if they need a personal injury lawyer to help them out. The answer to this is an absolute yes! This is because, as much as it may seem expensive or not important to hire an attorney, having skilled legal counsel makes a difference in whether you win your case or not.
It is still possible to pursue a personal injury claim without an attorney, but unless you are familiar with the laws of Boca Raton, you will not win the case. No one wants to get hurt because of another person’s negligence and have no one to pay for the compensation that they deserve. That’s why you should work with a personal injury lawyer at Englander Peebles. We can help you with the following:
To win a case, you will need to prove that the other party was negligent, and a personal injury attorney will help with this task. You might don’t have visible injuries in some cases, and a medical report will be crucial to show you were really injured. Your lawyer will interview witnesses and collect all the necessary evidence.
Your attorney will document all losses you have incurred, whether physical, financial, or both. They will file the court documents and the insurance claims correctly and ensure that the case goes on well.
Getting compensation from the insurance company can be a complicated process, especially if you are doing it independently. This is because insurance companies work to ensure that they pay people less than they deserve and make more profits for themselves.
You need an experienced personal injury lawyer on your side. Since they have dealt with numerous insurance companies, they know how to deal with them and ensure that you get the compensation you rightfully deserve. You should never accept the first offer that the insurance adjuster gives you without talking to your lawyer. Let your attorney deal with the insurance company and negotiate for the settlement.
Here at Englander Peebles, we have years of experience with settlement negotiation and will ensure that you get a fair deal. We will ensure that the other party does not take advantage of you and your situation. We understand that having medical bills, losing your job, or not working as you were before can be frustrating. Your family will also suffer, especially if you were the breadwinner. We will ensure that we fight hard to get you maximum compensation.
Trial Preparation and Representation
Even the simplest personal injury cases can quickly become complicated. Every case is different, and they will have their legal issues. A personal injury attorney at Englander Peebles will prepare for the trial efficiently and ensure that they can prove in court that the accident was caused by negligence. Having an experienced lawyer who knows the legal system’s ropes in Boca Raton will help you get the right representation in court, hence making your case strong.
What Type Of Damages Can I Receive?
When it comes to a personal injury case in Boca Raton, determining the amount of damages you will receive is quite difficult. This is because it depends on the nature of the case and the facts around it. The damages that you will receive are divided into the below categories.
These are usually the monetary damages that you will be compensated for. They include:
- Medical bills from the past, current, and future treatments for the victim’s injuries
- Loss of income and wages from the injuries
- Loss of future income if you are unable to work permanently because of your injuries
- Rehabilitation expenses
- Property damages, for instance, if your vehicle was damaged during a car accident
- Cost of household services if, for example, you need house cleaning services while recovering from your injuries
The value of these damages, since they are non-economic, varies from case to case. A damage expert will help calculate the value of the loss, and the jury will determine the value of the claim if the case reaches trial. These damages include:
- Mental and emotional pain and suffering
Most insurance companies use a pain multiplier strategy to develop a reasonable number to pay for the losses incurred. It ranges between 1.5 and 5. Emotional distress is difficult to prove, and you might need to have psychiatric records and other medical diagnoses of PTSD to provide evidence.
- Permanent physical impairment
- Loss of enjoyment of life
- Loss of consortium or companionship by the plaintiff’s family. It usually happens in cases of wrongful death.
These types of damages are designed to punish the defendant for their negligent behavior and are usually awarded at the court’s discretion. They are meant to make the negligent party an example to others. These damages are awarded in situations where the judge feels like compensatory damages are not enough to prevent the defendant and others from making the same mistake. They are also given where the judge feels like the other damages do not amount to reasonable punishment.
However, punitive damages are seldom awarded in personal injury cases. The Florida Supreme Court has noted that these damages should be reserved for the infliction of harm done intentionally. In Florida, courts have limited the punitive damages to three times the amount of compensatory damages or $500,000, whichever is greater.
How Is Fault Determined in Florida?
In Florida, four crucial elements determine fault in your personal injury case.
Duty Of Care
Here, the plaintiff needs to show that the defendant owes them a duty of care. Everyone has a duty to another person not to hurt them; therefore, you owe them if you do. For example, a store owner has the duty of care to ensure that the customers are kept from harm by cleaning up any spills and anything broken that could injure the customers.
Breach Of Duty
Once it has been established that the defendant has a duty of care toward the plaintiff, the next step is a breach of duty. Here, you have to prove that the person breached that duty by allowing a dangerous situation to exist. This can be proved if the driver was driving over the required speed limit and caused an accident.
Once the personal injury attorney has proved that the defendant breached their duty of care, they have to show that this resulted in an accident or injuries. For example, if a store owner did not clean the spill and you fell and got hurt as a result, then you have proved causation. Another example is if the driver that was over speeding hit your car, and you got injured as a result.
The last step is to prove that the accident resulted in losses and expenses for the victim. This can be proved through medical expenses and bills that you were subjected to due to the accident.
How Long Do I Have to File a Claim?
The general statute of limitations for personal injury lawsuits in Florida is four years. If you file a claim after this period, your case will be barred. This time limit usually runs from the date of the accidents.
If you are filing a claim against a government agency, the statute of limitations will be three years. However, there are some exceptions, such as in medical malpractice cases where the injury could have taken a long time to be discovered. Here, you will get a two-year extension from when the injury discovery was made. Also, in instances of fraud, the time will be extended by two years from the date the injury was discovered.
Some Types of Personal Injury Cases We Handle
Below are some of the personal injury accident cases we handle. If you have had any of these happen to you, contact us.
- Car Accidents
- Uber Accidents
- Wrongful Death
- Truck Accidents
- Motorcycle Accidents
- Slip and Fall
- Premises Liability
- Dog Bites
How Much Will a Personal Injury Lawyer Cost?
Most people fear hiring a personal injury lawyer as they deem them to be expensive. However, this is further from the truth. Most personal injury lawyers work on a contingency basis. This means that you do not pay them any money unless you win the case. Once you win, you will pay them a percentage of the money compensated.
Get in Touch With a Boca Raton Personal Injury Lawyer
If you or your loved one has been injured due to another party’s negligent actions, it is prudent to hire a personal injury attorney. If you are in Boca Raton, then Englander Pebbles is the best option for you. We have represented many clients over the years and helped them get maximum compensation for the losses incurred. We will fight for you all the way and ensure that you get what you deserve. Contact us today for a free consultation, and let us take your case. You will not regret it!