Key takeaways:
- Florida law gives you only two years from the date of your injury to file a lawsuit, a recent change making prompt action critical.
- Your car insurance’s Personal Injury Protection (PIP) is the first source for covering medical bills after a crash, but a personal injury claim seeks compensation for damages PIP does not cover.
- Your claim's value may include both economic damages like medical bills and lost wages and non-economic damages for your personal pain and suffering.
Life along the Space Coast moves at its own pace. One moment, you are driving down Malabar Road or enjoying a walk through Turkey Creek Sanctuary; the next, the screech of tires or a sudden fall shatters the calm.
An unexpected injury does more than cause physical pain. It creates a ripple effect of disruption, affecting your work, your family, and your financial stability. When an injury happens because of someone else’s carelessness, you are left with questions about what comes next.
Filing one of the many types of personal injury claims in Palm Bay is the legal process for holding the responsible party accountable and securing the resources you need to rebuild.
Common Types of Injury Claims Filed in Brevard County
While every incident is unique, most injury claims in our area fall into a few common categories. These events frequently occur on busy roads like I-95 or in the sprawling shopping centers and residential neighborhoods that make up our community.
Recognizing your claim type is the starting point for seeking justice.
These are some of the most frequent reasons people file claims:
- Car accidents: Collisions at intersections like Palm Bay Road and Minton Road, rear-end shunts on U.S. 1, and high-speed crashes on Interstate 95 are daily occurrences.
- Truck accidents: Due to the commercial traffic on I-95, accidents involving large semi-trucks often result in catastrophic injuries for those in smaller passenger vehicles.
- Motorcycle accidents: Riders are especially vulnerable to severe harm, and a driver’s failure to see a motorcyclist can have devastating consequences.
- Slip and fall incidents (premises liability): A wet floor in a grocery store, a poorly lit apartment stairwell, or a cracked sidewalk can lead to a serious fall and significant injuries.
- Wrongful death: When negligence leads to a fatal injury, surviving family members may pursue a claim to seek compensation for their profound loss.
The First Steps at Home After Your Palm Bay Injury
Your first priority after any accident is getting medical care, perhaps at Palm Bay Hospital or another local facility. But what you do upon returning home is also a major factor in protecting your well-being and any future legal claim.
The insurance company for the at-fault party will begin its own investigation immediately, and you should start documenting your side of the story with equal urgency.
Once you are home and safe, take these actions:
- Document the details: Write down everything you can recall about the incident. Note the time, date, location, weather conditions, and exactly what happened. Describe what you saw, heard, and felt.
- Photograph your injuries: Take clear, well-lit photos of all your injuries. This includes cuts, bruises, swelling, and any casts or medical devices. Continue taking photos every few days to create a visual timeline of your healing process.
- Preserve key evidence: The shoes and clothing you were wearing during the incident are valuable evidence. Place them in a sealed bag and store them somewhere safe. Do not wash them. If your property was damaged, such as a cell phone or bicycle, do not have it repaired or thrown away.
- Create an "Injury File": Start a physical or digital folder to keep all related paperwork in one place. This includes hospital discharge papers, medical bills, receipts for prescriptions, and any letters or emails from an insurance company.
- Start a Personal Journal: Each day, make a few notes about your physical pain levels and your emotional state. Document how your injuries prevent you from doing daily activities, going to work, or enjoying life as you did before. This journal becomes a powerful record of your suffering.
Florida Law and How It Shapes Your Palm Bay Personal Injury Case
A successful outcome depends on meeting the specific legal requirements set by Florida statutes. The law dictates how long you must file, how fault is determined, and how your initial medical bills are paid after a car crash.
A clear view of these rules is vital for anyone pursuing a claim.
The two-year deadline for filing your claim
One of the most significant aspects of Florida personal injury law is the statute of limitations. This is the legal deadline for filing a lawsuit. For most claims based on negligence, the deadline is now two years from the date of the incident.
This was shortened from four years in 2023. What this deadline means for you:
- You must file a lawsuit in civil court within this two-year window.
- If you miss the deadline, you will almost certainly lose your right to recover any compensation from the at-fault party, no matter how strong your case is.
- This shortened timeframe makes it beneficial to speak with a legal professional soon after your injury to ensure all necessary steps are taken in time.
How Florida's No-Fault Law Affects Your Palm Bay Car Accident Claim
Florida is a "no-fault" state for auto insurance. This means that after a car accident, you must first turn to your own insurance policy for initial benefits, regardless of who caused the crash.
This is handled through your Personal Injury Protection (PIP) coverage.
Here is a breakdown of how PIP works:
- PIP is mandatory for all Florida drivers and provides up to $10,000 in benefits.
- It covers 80% of your initial medical bills and 60% of your lost wages.
- To receive full PIP benefits, you must seek medical treatment within 14 days of the accident.
- A personal injury claim against the at-fault driver is for damages exceeding your PIP coverage, such as remaining medical bills and wages, future medical care, and pain and suffering.
What Is Your Personal Injury Claim Actually Worth?
One of the first questions on anyone’s mind after an injury is about the value of their claim. There is no simple calculator for this, as each case is unique. The total value is determined by adding up all the losses you have suffered as a result of the incident. These losses are known as "damages" and are separated into two main types.
Calculating economic damages
Economic damages are the tangible financial losses that can be proven with bills, receipts, and financial records. They are meant to reimburse you for every dollar you have lost or will lose because of your injury.
These damages typically include:
- All medical expenses: This covers everything from the initial ambulance ride and emergency room visit to surgeries, physical therapy, prescription medications, and any future medical care you will need.
- Lost wages: You can be compensated for the income you lost while you were unable to work during your recovery.
- Loss of earning capacity: If your injuries are permanent and prevent you from returning to your previous job or working at all, you may recover compensation for the income you would have earned over your lifetime.
- Other out-of-pocket costs: This may include expenses for things like home modifications or transportation to medical appointments.
Valuing Non-Economic Damages
Non-economic damages compensate you for the personal, intangible ways the injury affects your life. Because pain leaves no receipt, calculating a dollar value for these losses requires a skilled legal analysis of your specific situation.
Non-economic damages account for:
- Pain and suffering: Compensation for the physical pain, discomfort, and emotional distress caused by the injury and the recovery process.
- Mental anguish: This includes feelings of fear, anxiety, depression, or shock resulting from the traumatic event.
- Loss of enjoyment of life: If your injuries prevent you from participating in hobbies, activities, or family events that you once enjoyed, you may be compensated for this loss.
- Permanent scarring or disfigurement: Compensation for the physical changes to your appearance that can affect your self-esteem and confidence.
FAQ: Your Palm Bay Personal Injury Questions Answered
Do I have to go to court to get a settlement?
Most personal injury claims are settled out of court through negotiations between your attorney and the insurance company. A lawsuit is filed to protect your rights under the statute of limitations and to show the insurance company you are serious. Going to trial is rare, but preparing every case as if it will go to trial is the best way to achieve a fair settlement.
The other driver’s insurance adjuster called me. What should I say?
It is best to decline to give a recorded statement or sign any documents until you have spoken with a lawyer. Insurance adjusters are trained to ask questions designed to minimize their company’s payout. Anything you say may be used against you later. You can politely take their information and tell them your attorney will be in contact.
How long will it take to resolve my personal injury claim?
The timeline depends on many factors, including reaching what doctors call maximum medical improvement so we know the full extent of your damages. Your lawyer will do their best to reward your patience.
The accident report says I was partially at fault. Do I still have a case?
Yes. Florida law allows you to recover damages provided a court finds you 50% or less responsible for the incident. An officer's opinion on an accident report is not the final word on legal fault. An independent investigation can often reveal evidence that changes the initial liability assessment.
How do I pay for a personal injury lawyer?
Most personal injury lawyers work on a contingency fee basis. This means you pay no attorney fees upfront. The lawyer's fee is a percentage of the financial recovery they secure for you through a settlement or court award. If you do not recover any compensation, you owe no attorney fees.
What if the at-fault driver has no insurance?
If the at-fault driver is uninsured or lacks enough insurance to cover your damages, you may file a claim through your own auto insurance policy. Your mandatory no-fault/PIP insurance or the optional Uninsured/Underinsured Motorist (UM/UIM) coverage can provide a critical layer of financial protection.
I was hurt on someone else's property in Palm Bay. Is that a personal injury case?
Yes. Injuries on another person's property due to an unsafe condition fall under an area of law called premises liability. Property owners have a legal duty to maintain their premises in a reasonably safe condition.
If they fail in that duty and you get hurt as a result, you may have a valid claim for damages against the property owner's insurance.
Your Path Forward Starts Now
The aftermath of a serious injury is a time of stress and uncertainty. You are trying to heal while worrying about medical bills and how you will support your family. You do not have to carry this weight on your own.
Taking decisive action to protect your legal rights is the first step toward getting your life back on track and securing your future. If you have been injured, Frankl Kominsky Injury Lawyers is available 24/7 to help. We are a dedicated team of personal injury attorneys who fight for victims of negligence across Florida.
With an office right here in Palm Bay, we are ready to provide the immediate support you need. Available 24/7 in English and Spanish, our team is prepared to listen to your story and explain your options.
Call our Palm Bay office at (321) 800-8000 for a free consultation to discuss your injury case today.