In Boynton Beach, personal injury cases occur when someone is harmed due to another person’s negligence. Common situations include car, truck, motorcycle, bicycle, and pedestrian accidents; slip and fall incidents; medical malpractice; nursing home abuse; defective products; dog bites; and wrongful death.
Recent changes to Florida law have made these cases more complex. The state now uses modified comparative negligence, which reduces a victim’s compensation if they are partially at fault and bars recovery entirely if they are more than 50 percent at fault.
The statute of limitations for most personal injury claims has also been shortened from 4 years to 2 years. Certain premises liability rules may also shift responsibility to the actual wrongdoer rather than the property owner.
Our experienced Boynton Beach personal injury attorneys at Frankl Kominsky Injury Lawyers gather evidence, prove fault, calculate damages, and navigate these new laws. We work to maximize compensation and protect the rights of those injured due to another person’s negligence.
Key Takeaways: Personal Injury Cases in Boynton Beach
• Personal injury cases in Boynton Beach can arise from car, truck, motorcycle, bicycle, pedestrian, and rideshare accidents.
• Slip and fall incidents, negligent security, nursing home abuse, medical malpractice, birth injuries, dog bites, defective products, and wrongful death are also common.
• Florida’s 2023 laws introduced modified comparative negligence, meaning compensation is reduced if the plaintiff is partially at fault and barred entirely if more than 50 percent at fault.
• The statute of limitations for most personal injury claims has been shortened from four years to two, making prompt legal action essential.
• Premises liability rules may shift responsibility from property owners to the actual wrongdoer under certain circumstances.
• Victims may recover economic damages, such as medical bills, rehabilitation costs, lost income, and property damage.
• Non-economic damages include pain and suffering, emotional distress, loss of companionship, and loss of enjoyment of life.
• Wrongful death claims cover funeral expenses, lost financial support, and loss of companionship.
• Evidence is key: eyewitness accounts, photographs, medical records, police reports, and expert testimony improve the strength of a case.
• Our experienced Boynton Beach personal injury attorneys can gather evidence, prove fault, calculate damages, handle negotiations, and represent clients in court.
• Acting quickly and consulting our skilled attorneys is critical to navigating new Florida laws and securing fair compensation.
Types of Personal Injury Matters that Arise in Boynton Beach
Car, Truck, and Motorcycle Accidents
Car crashes are one of the most common personal injury cases in Boynton Beach. Truck accidents often result in more severe injuries due to the size and weight of commercial vehicles. Motorcycle collisions can lead to severe trauma because riders have less protection than drivers in cars. All of these cases usually involve proving negligence, such as reckless driving or failure to follow traffic laws.
Pedestrian, Bicycle, and Rideshare Accidents
Pedestrian accidents occur when drivers fail to yield or are distracted. Bicycle crashes can happen on busy roads or from unsafe conditions, like potholes or unmarked bike lanes. Rideshare collisions involve passengers in vehicles for hire, and liability may extend to both the rideshare driver and other negligent drivers.
Premises Liability and Slip and Fall Cases
Property owners have a duty to keep their premises safe. Slip-and-fall injuries often occur on wet floors, broken stairs, or poorly maintained sidewalks. Other premises liability cases can include inadequate security or unsafe conditions that cause harm to visitors.
Medical Malpractice and Birth Injuries
Medical malpractice arises when healthcare professionals fail to provide the standard of care, causing harm. Birth injuries can result from errors during labor and delivery, sometimes leading to lifelong consequences for the child.
Wrongful Death and Nursing Home Injuries
Wrongful death claims seek justice when negligence leads to a fatality. Nursing home injuries often involve abuse, neglect, or failure to monitor residents properly.
Other Personal Injury Matters
Sexual abuse cases can occur in institutions or private settings. Dog bites, defective products, and bus accidents are other examples where someone’s negligence causes physical or emotional harm.
Each type of personal injury case requires careful investigation to determine fault and secure proper compensation.
Types of Injuries that Accident Victims in Boynton Beach Suffer
Vehicle-Related Injuries
Accidents involving cars, trucks, motorcycles, buses, or rideshare vehicles can cause serious injuries. Common results include broken bones, whiplash, spinal cord injuries, traumatic brain injuries, and internal bleeding. Motorcycle and bicycle crashes often lead to more severe trauma due to the lack of protection for riders. Pedestrians struck by vehicles may suffer fractures, head injuries, or permanent disabilities.
Slip and Fall and Premises Injuries
Slip-and-fall accidents and other premises liability cases can occur in stores, restaurants, or residential properties. Victims may sustain fractures, sprains, back injuries, or head trauma. Falls from stairs, wet floors, or poorly maintained walkways are frequent causes of these injuries. In some cases, inadequate security can also lead to assault-related injuries on private or public property.
Medical and Nursing Home Injuries
Medical malpractice can result in injuries such as surgical errors, misdiagnosis, medication mistakes, or birth injuries. Birth injuries may cause lifelong complications for infants, while medical mistakes can severely affect adults. Nursing home injuries often involve falls, pressure sores, infections, or abuse due to neglect, resulting in serious physical and emotional harm.
Wrongful Death
Negligence that leads to fatal accidents can result in wrongful death claims. Families may face emotional trauma, financial loss, and the sudden loss of a loved one’s support, which can have long-term effects on quality of life.
Other Types of Injuries
Dog bites, defective products, and sexual abuse can also cause significant physical and emotional injuries. Victims may suffer lacerations, infections, psychological trauma, or permanent scarring. Bus accidents and other public transportation incidents can result in fractures, head injuries, or soft tissue damage.
Effects of Florida’s New Laws on Boynton Beach Personal Injury Cases
Modified Comparative Negligence
In 2023, Florida adopted a modified comparative negligence rule. Under this law, a plaintiff can recover damages only if they are 50 percent or less at fault for an accident.
The damages they receive are reduced by their percentage of fault. For example, if someone is 30 percent at fault, their compensation will be reduced by 30 percent. However, if a plaintiff is 51 percent or more at fault, they cannot recover any damages.
Shortened Statute of Limitations
Florida also reduced the statute of limitations for most personal injury claims from four years to two years. It means victims have less time to file a lawsuit. Delays in seeking legal advice or gathering evidence can prevent recovery. Legal teams must now act more quickly to preserve evidence, interview witnesses, and file claims.
Changes in Premises Liability
Premises liability laws now allow liability to shift from property owners to the actual wrongdoer under certain conditions, such as negligent security. In Boynton Beach, this affects cases involving assaults in apartment complexes, retail stores, or other public spaces. Plaintiffs must identify the direct wrongdoer to hold the responsible party fully accountable. However, this can result in little (or no) compensation because individual wrongdoers are less likely to have assets or insurance policies than businesses.
Overall Effects
These legal changes make personal injury cases more complex. Victims face stricter time limits, shared fault considerations, and challenges in proving liability. Therefore, prompt legal action and careful case preparation are now more critical than ever.
How to Successfully Prove a Personal Injury Case in Boynton Beach
Duty of Care
To prove a personal injury case in Boynton Beach, the first step is showing that the defendant owed the plaintiff a legal duty of care. For example, drivers must follow traffic laws, property owners must maintain safe premises, and medical professionals must provide competent treatment. Evidence that helps establish duty includes contracts, policies, warning signs, or testimony from experts familiar with the standard of care.
Breach of Duty
Next, the plaintiff must show that the defendant breached that duty. It occurs when someone fails to act as a reasonable person would under similar circumstances. In car accidents, police reports and witness statements are often used to show reckless or negligent behavior. In slip and fall cases, photographs of hazardous conditions, maintenance records, and testimony from employees or experts can demonstrate a breach.
Causation
The plaintiff must also prove that the defendant’s breach directly caused their injuries. Medical records, accident reconstruction reports, and expert testimony are critical for connecting the defendant’s actions to the harm suffered. For example, a doctor’s note confirming that a spinal injury resulted from a car crash is strong evidence of causation.
Damages
Finally, the plaintiff must prove they suffered actual damages, such as medical bills, lost income, pain and suffering, or property damage. Receipts, invoices, pay stubs, and medical records are key evidence.
Most Helpful Types of Evidence
The strongest evidence combines eyewitness testimony, photographs or videos of the accident scene, police or incident reports, and expert opinions. Medical documentation and billing records provide concrete proof of injuries and costs. In Boynton Beach cases, timely evidence collection is crucial, especially given Florida’s shortened statute of limitations and modified comparative negligence rules.
By carefully presenting each legal element with supporting evidence, our skilled personal injury attorneys can build a compelling case to secure fair compensation for your losses.
What Damages Can You Recover in a Boynton Beach Personal Injury Case?
Economic Damages
Economic damages compensate victims for measurable financial losses. In Boynton Beach, this includes medical bills, prescription costs, rehabilitation expenses, and lost income. Property damage, such as vehicle repairs, is also considered an economic loss.
These damages are reduced if the plaintiff is partially at fault under Florida’s modified comparative negligence rules. For example, if a plaintiff is 25 percent at fault, total economic damages can be reduced by that percentage.
Non-Economic Damages
Non-economic damages cover losses that are harder to quantify, such as pain and suffering, emotional distress, loss of companionship, and loss of enjoyment of life.
Modified comparative negligence also affects non-economic damages. If a plaintiff suffers significant pain and is found 40 percent at fault, only 60 percent of the non-economic damages may be awarded.
Wrongful Death Damages
When negligence causes death, survivors may recover damages for funeral expenses, loss of financial support, and loss of companionship. These claims are also generally subject to the new two-year statute of limitations.
Florida’s 2023 changes make timely action essential for Boynton Beach victims. Our attorneys will carefully document medical expenses, lost income, and personal impacts to build a strong case on your behalf.
FAQs: Boynton Beach Personal Injury Claims and Lawsuits
What types of personal injury cases do you handle in Boynton Beach?
We handle a wide range of cases, including car, truck, motorcycle, and bicycle accidents; slip and fall incidents; premises liability claims; nursing home injuries; medical malpractice; birth injuries; dog bites; sexual abuse; rideshare and bus accidents; defective products; and wrongful death cases.
How do Florida’s new laws affect my personal injury claim?
Florida’s 2023 changes include modified comparative negligence, which reduces damages if the plaintiff is partly at fault, and bars recovery if the plaintiff is more than 50 percent at fault. The statute of limitations for most claims is now two years. Premises liability rules may shift liability to the actual wrongdoer.
What types of damages can I recover?
Victims may recover economic damages, such as medical bills, rehabilitation costs, lost income, and property damage, as well as non-economic damages, such as pain and suffering, emotional distress, and loss of companionship. Wrongful death claims can cover funeral costs and lost financial support.
How can your attorneys help?
Our experienced Boynton Beach personal injury attorneys investigate accidents, gather evidence, calculate damages, and handle negotiations or litigation. We ensure your case meets Florida’s new legal requirements and maximize your chances of receiving fair compensation.
Call an Experienced Boynton Beach Personal Injury Lawyer Today
At Frankl Kominsky Injury Lawyers, we are prepared to handle every step of your personal injury case from start to finish in pursuit of the financial compensation you need.
For a free case evaluation and legal consultation with a knowledgeable Boynton Beach personal injury attorney, please contact us right away.
