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.
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