Articles Posted in Personal Injury

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Passengers injured in West Palm Beach car accidents may have multiple avenues of pursuing compensation, depending on who was at fault, how serious their injuries were and the type of insurance coverage available. One of those avenues is against the driver of the vehicle they were in. West Palm Beach car accident lawyers

Florida car accidents are unfortunately an everyday occurrence. Nearly 400,000 were reported statewide last year, more than 26,000 of those in Palm Beach County, according to the Florida Department of Highway Safety and Motor Vehicles. In Florida, more than half of all fatal vehicle crashes involve a single vehicle. As most crashes are caused by driver error, passenger claims against drivers are fairly common.

If a passenger is injured due to the negligence of the person driving, they can file a claim for financial compensation to help with hospital bills, lost wages, etc. However, as West Palm Beach car accident lawyers, we’re aware that sometimes passenger plaintiffs are hesitant to do so if the driver is someone close to them – relative, friend, colleague, etc.

If this is how you’re feeling, here are a few things to consider: Continue reading

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As West Palm Beach personal injury lawyers, we recognize that cases involving rear-end collisions are not only some of the common, but sometimes the most serious. It’s important to understand why they happen, the typical injuries they cause, who is usually liable and what civil claims could be worth.West Palm Beach personal injury lawyer rear end crashes

Our goal here is to ensure clients – and even potential clients – understand the basics so they’re better empowered to navigate the aftermath and seek appropriate compensation.

What Causes Rear-End Crashes

Rear-end collisions occur when the front of one vehicle strikes the back of another.

According to the National Highway Traffic Safety Administration (NHTSA), rear-end crashes account for 29% of all crashes and result in a substantial number of injuries and fatalities every year. Rear-end collisions in which the lead vehicle is stopped or moving very slowly prior to the crash account for most of these cases.

Common factors cited in rear-end crashes include:

  • Distracted driving. The leading cause of rear-end crashes is driver distraction. This includes texting, talking on the phone, eating, or any activity that diverts attention from the road.
  • Tailgating. Following too closely behind another vehicle reduces the reaction time needed to avoid a collision if the car in front stops suddenly.
  • Speeding. Higher speeds decrease the amount of time a driver has to react to sudden stops or changes in traffic flow, increasing the likelihood of a rear-end collision.
  • Weather conditions. Poor weather conditions like rain, fog, or ice can make it harder to stop quickly, leading to more frequent rear-end accidents.
  • Sudden stops. Unexpected stops by the lead vehicle, whether due to traffic signals, pedestrians, or other obstacles, can result in a rear-end crash if the following driver is not paying close attention. (That doesn’t mean the rear driver isn’t responsible. They are expected to anticipate the possibility that the driver ahead of them will make sudden stops and maintain an assured, clear distance.)
  • Mechanical failures. Brake failures or other mechanical issues can also cause rear-end collisions.

Injuries That Result From Rear-End Crashes

Injuries in rear-end crashes can range from minor to severe, depending on the speed of impact and other factors. Continue reading

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Every year, about 50 million Americans visit hospital emergency rooms and doctor’s offices to treat unintentional injuries. About 6% of all adults in the U.S. suffer an activity-limiting injury every 3 months. So it’s more common than many people realize for one who has already been injured to endure another that exacerbates the first.Palm Beach injury lawyer

Such prior injuries can complicate matters if you decide to pursue legal action for those injuries – but it does not eliminate your chances, particularly if you’re working with skilled West Palm Beach personal injury lawyers.

When Prior Injuries Pose Problems in Personal Injury Cases

Sometimes prior injuries and ailments have no bearing on a prospective personal injury case. For example, if the prior injury was a shoulder rotator cuff issue from repetitive motion at work but the new injury mostly impacted your knee, leg, and foot, it may not be an issue at all. It could be mentioned, but likely will have little bearing on the outcome of your case.

However, if the new injury is in the same area as the old one, your West Palm Beach personal injury lawyers will be asking the extent to which the new injury made the old one worse. Continue reading

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Unintentional injuries are the leading cause of death in Florida, and the Sunshine State has an unintentional injury rate that’s 13% higher than the national average according to the Florida Department of Health. Top causes include car accidents, falls (particularly among older folks), pedestrian accidents, bicycle accidents, and violence. Palm Beach personal injury lawyer

But as far as whether such injuries are grounds to take legal action, such as filing a Palm Beach personal injury claim, there’s a lot of factors that must be considered. In our experience as longtime Palm Beach injury attorneys, there are major misconceptions about when someone can file a lawsuit, how easy it’s going to be, how much they’re going to win (if they win), how fast it will happen, and what sort of stakes personal injury lawyers have in all of it.

So here, we’re busting the top Palm Beach personal injury claim myths we hear most frequently as plaintiff attorneys in South Florida civil tort cases.

Myth No. 1 – I was seriously hurt, so I can sue.

Just because you were hurt does not mean you automatically have grounds for a personal injury claim. First, we have to establish that someone else was at fault in causing that injury, and second that they owed you a duty to use greater care or do things differently. A person injured in a car accident can only sue if the other person was negligent in causing that crash or exacerbating their injuries. And thanks to recent updates to Florida statutes, an injured plaintiff can only collect financially if they can prove they weren’t more than half responsible for their own injuries. T

They also need to make sure there’s actually money to collect. If there’s no insurance coverage and the at-fault person doesn’t personally have substantial assets, you may not have a viable claim.

Another point worth making here is that not every case requires a lawsuit. It is very possible (common, even) to successfully collect fair financial damages without ever setting foot in a courtroom. The key to ensuring what you collect is fair is consulting with a skilled personal injury lawyer. Continue reading

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Trying to figure out how much your Florida personal injury lawsuit may be worth? It’s typically one of the first questions West Palm Beach injury lawyers are asked. Many factors are weighed in the answers we give, and one of those is the possibility of damage caps. West Palm Beach personal injury lawyer

“Damages” is legalese for the amount of money paid to someone who has been wronged by another. A damage “cap” is a cutoff, the maximum amount a person can receive for certain types of damages. There are two main types of damages in Florida personal injury cases: Compensatory and punitive. Compensatory damages are paid to compensate an individual for their losses. (Within compensatory damages, there are economic damages, which are actual financial losses like medical bills, lost wages, etc., and then there are non-economic damages, which are for non-tangible impacts like pain and suffering and mental anguish.) Punitive damages are paid to punish the wrongdoer for especially egregious conduct.

Generally speaking, Florida doesn’t impose damage caps on economic damages, but does for punitive damages and some types of non-economic damages. However, this assertion comes with a few caveats. Certain types of claims against certain defendants may be subject to caps on economic damages as well. With some claims, non-economic damages aren’t even considered — and punitive damages are usually a long-shot.

Working with an experienced West Palm Beach injury lawyer can help ensure you receive the maximum among of fair compensation allowable under Florida law.

Non-Economic Damages in Car Accident PIP Claims

When it comes to auto insurance, Florida is a no-fault state. That doesn’t mean you can’t sue a driver who caused a crash that resulted in serious injuries. You can – often collecting both economic and non-economic damages (though rarely punitive damages, unless it was a DUI case). But it does mean most injured drivers/passengers are first going to have to file a claim with their own personal injury protection (PIP) insurer.

Per F.S. 627.736, PIP provides coverage for a portion of your economic damages – namely medical bills and lost wages – up to $10,000. It also offers up to $5,000 in death benefits. However, it does not cover non-economic damages, such as pain and suffering and emotional distress. (Injured motorcyclists won’t have access to PIP coverage at all.)

Damage Caps on Tort Claims Against Government Defendants

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In West Palm Beach personal injury cases, there is strong incentive for both sides to settle things out-of-court. Trials are expensive, time-consuming, and often emotionally-wrought. Florida statute also provides strong incentive: If either side rejects a reasonable settlement offer and the end result at trial is a judgment ends up being fairly close to that amount, the party who rejected the offer can be compelled to pay the other side’s attorney fees.personal injury lawyer West Palm Beach

As the plaintiff, even if you win, an order to pay the defense’s attorney fees can significantly cut into the amount of compensation you ultimately receive. So the question becomes: How do I know if a settlement offer is reasonable?

The best way to have high confidence is to hire an experienced West Palm Beach injury lawyer with a track record of success in cases similar to yours. They are going to instinctively have a strong sense of what your case is worth — and how to properly verify the figure they’re thinking of.

As skilled Palm Beach injury lawyers, we have a number of specific methods we employ to help us pinpoint that number.

Consider Economic Factors

You’ve heard the saying, “time is money.” That is one of the most compelling arguments for avoiding trial in a personal injury case. Sometimes they’re necessary – but they’ll almost always cost more.

The longer a case drags on:

  • The more work there is for attorneys, which translates to higher attorney fees for both sides.
  • The less the same amount of money is worth, thanks to inflation.
  • The more time the plaintiff will lose at work or spend traveling for court dates, depositions, etc.

Settling sooner rather than later is usually in your best interests – but only if the settlement offer is fair. It’s not uncommon for insurers to lowball plaintiffs. It’s important to have an experienced attorney who can help you decipher whether an offer is fair or not.

Retaining a Valuation Expert

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If you’re a plaintiff in a Florida injury lawsuit, particularly one that’s on track to trial, it’s likely at some point you’ll need to undergo a deposition. It can be an intimidating prospect, but a skilled West Palm Beach injury lawyer can help ensure you are fully prepared. woman yellow shirt blue background swearing in at West Palm Beach injury lawsuit deposition

A deposition is a sworn statement given outside of a courtroom, but still under oath. They’re transcribed by a court reporter, and these days often video recorded. Sometimes, depositions can be done remotely. This isn’t generally the preferred method unless there are special circumstances (i.e., the witness lives far away). However, it is one that has become increasingly more common since COVID had virtually everyone on virtual video conferencing apps.

What is the Point of a Deposition?

In tort cases, depositions can prove pivotal in gathering information and evidence that will be key to the case. In general, both sides are going to leverage the deposition to question witnesses and:

  • Establish the events that led to the injury.
  • Detail the medical treatment plaintiff received as a result of the injury.
  • Delve into the impact the injury has had on plaintiff’s ability to work, personal relationships, and overall quality of life.
  • Identify inconsistencies in testimony.
  • Glean information from expert witnesses (if there are any) about their analysis, processes, and conclusions.

When a plaintiff undergoes a deposition, they should know that defense lawyers are likely looking for any statements that might:

  • Indicate you share part of the blame for what happened.
  • Implicate a pre-existing condition as the primary cause of your injuries.
  • Show your injuries aren’t as severe as you claim.
  • Reveal life hasn’t been as significantly impacted as you claim.
  • Uncover that you have not been fully truthful or consistent in your claims.

All of this can make a plaintiff feel very much “on the offensive.” It’s easy to get flustered, get loud, misspeak, etc. But when you know this is coming, you can better maintain your composure and complete the deposition without damaging your case.

Top Mistakes People Make in Personal Injury Case Depositions

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Anyone who has ever sought the services of a South Florida personal injury lawyer – whether for a car accident, slip-and-fall, or medical malpractice – has likely seen or heard the phrase “free initial consultation” in attorney marketing materials. But what exactly is a personal injury lawyer free consultation? Is it really free? Are you agreeing to hire that attorney by booking this consult?South Florida personal injury lawyer free consultation

As our South Florida personal injury lawyers can explain, a free initial consultation is something like a first date – except neither party picks up the tab because there isn’t one. (Initial consultations really are free.) But you can think of them as an opportunity to gather insight regarding the viability and potential value of your case, clarify your goals, get a sense of how the process will work, and determine whether the attorney you’re meeting is someone with whom you can develop a rapport, trust, and general ease.

Here, we offer a deeper dive into what these sessions are – and are not – and how you can come best prepared.

What Are the Obligations in a Personal Injury Lawyer Free Consultation?

Just as there’s no guarantee of a second date after the first, there’s no obligation for you to hire an attorney with whom you meet for a free initial consultation. In fact, it’s generally expected that you’ll meet with more than one personal injury lawyer before deciding which one to hire. Arranging several consultations will also provide you with a more well-rounded view of the key points in your case and what you might expect.

But just as you have no obligation to hire the attorney, the attorney has no obligation to take your case. They may provide you with information, and then regrettably inform you they won’t be taking your case. This usually happens if the attorney feels it’s not a case they can win, either because it isn’t strong enough or they don’t have the depth of skill, experiences, or resources to take it on. Because Florida personal injury lawyers accept cases on a contingency fee basis, meaning they aren’t paid unless their client wins, they are inclined to be selective.

Meeting with an attorney also doesn’t mean you’re obligated to file a lawsuit. In fact, many personal injury claims can be resolved through negotiation before it ever gets to the point of filing a lawsuit.

How Should I Prepare for This Consultation?

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Damages in Florida personal injury actions are awarded with the intent of compensating plaintiffs monetarily for their losses. As our Palm Beach personal injury lawyers know, damages that first come to mind are things like medical expenses, loss of income, loss of earning capacity, and pain and suffering. But beyond the physical pain one has endured, there’s also the emotional response to that pain, which often includes the reasonable withdrawal from meaningful activities and relationships a person once enjoyed. This is what we refer to as “loss of enjoyment of life.”

Some jurisdictions include “loss of enjoyment of life” as part of the pain and suffering damage award, while others consider it a separate category of damages all its own.man in wheelchair in bedroom with wife suing for loss of enjoyment of life Florida Florida considers loss of enjoyment of life to be its own separate category of damages.

Let’s say that prior to a Palm Beach car accident, the plaintiff (injured person) was active in going to the gym, participating in recreational sports, volunteering with a local charity, and engaging in a satisfying physical relationship with their spouse. After the crash, they’re no longer able to enjoy any of those things, at least not in the same way as they once did. That’s loss of enjoyment of life.

The person would have been able to lead a normal lifestyle had it not been for the injury, but now they can’t. For this deprivation – in the past as well as what will be experienced in the future – plaintiffs can seek damages for loss of enjoyment of life.

As noted in Florida Civil Jury Instructions 501.2, there’s no exact standard for measuring such damage. It must, however, be “fair and just in the light of the evidence.” Non-economic damages such as loss of enjoyment of life are typically only awarded in Florida when one can prove that their injuries were serious and usually permanent.

The types of injuries that can impair your ability to enjoy life may include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Soft tissue injuries
  • Injuries resulting in chronic pain
  • Loss of sight or hearing
  • Severe scarring or disfigurement

Examples of Loss of Enjoyment of Life

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In a Florida criminal case, if you intentionally destroy/tamper with evidence, it can be a third-degree felony. But what if it’s a civil case? Palm Beach injury lawyer evidence

Anyone who files a Palm Beach injury lawsuit will soon come to understand the pivotal role of evidence. A fact can be 100 percent true, but virtually meaningless without concrete proof. More weight will always be given to assertions supported by strong evidence, as opposed to one side’s word versus another’s.

If evidence central to a civil case is destroyed, it’s called spoliation, and it doesn’t even have to be intentional for the court to impose sanctions. As for the exact penalty, the consequences depend on:

  • Who had control of the evidence.
  • Whether the possessor/controller was a party to the civil case and in some way benefited from its loss.
  • The extent to which the loss of that evidence prejudiced the other side in its ability to prove/disprove pivotal facts.
  • If the person/organization was a non-party to the case, whether they owed the duty – by contract, statute, or timely-served preservation/discovery request – to preserve the evidence.

Since the 1980s, Florida courts have repeatedly held that when physical evidence is lost, misplaced, destroyed, or otherwise made not available AND it fundamentally prejudices the other side’s chance to pursue/defend a claim, courts have the authority (and broad discretion) to impose sanctions. These can include:

  • The legal presumption that key facts pertaining to that evidence would have benefitted the other side.
  • Dismissal of the claim (when the plaintiff is the spoliator).
  • Granting default judgment in favor of the party prejudiced by the loss of that evidence.

Types of Spoliation in Palm Beach Injury Lawsuits

There are two basic types of spoliation: First-party and third-party. Continue reading

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