Personal Injury Lawyer Serving Delray Beach
Delray Beach is a picturesque resort destination perched on the Atlantic Ocean in Palm Beach County. It was voted the Most Fun Small Town in America by Rand McNally and USA Today. Residents and visitors alike can enjoy the area’s distinctive festivals, including The Delray Beach Garlic Food Festival and The Delray Beach Wine and Seafood Festival . While most people enjoy these activities and others with no negative consequences, residents and visitors sometimes can fall victim to accidents.
If you have been injured by someone else’s careless behavior in Delray Beach, the compassionateinjury lawyers serving Delray Beach at Frankl Kominsky can help you take legal action. Our personal injury law firm is available to handle a variety of injury claims, including car crashes, medical malpractice, slip and fall, premises liability cases, defective product litigation, and much more.Florida Injury Claims
If you can establish that you have been hurt due to another person's or entity’s negligence, you may be able to recover compensation for your injuries. Negligence consists of failing to take the proper degree of care when doing something.
Every person has an implicit duty to use reasonable care, which is defined as acting in the same manner as a reasonably prudent person in similar circumstances. When someone’s conduct in a given situation doesn’t measure up to this standard, that person or company can be held liable for any harm caused.
An accident victim who pursues a negligence claim may receive compensation for a broad range of damages associated with his or her injuries. These may include medical bills, lost wages and benefits, pain and suffering, emotional distress, rehabilitation treatment, therapy costs, property damage, and more.
While we try to obtain swift settlements for all our clients, we are not afraid to advocate for you in court if necessary.
Each state has its own laws governing wrongful death claims. These lawsuits arise when a person’s death results from the negligence of another person or company. A wrongful death action allows certain family members who were dependent on the deceased for financial and emotional support to seek monetary damages and pursue compensation.
Under Florida’s wrongful death laws, the personal representative of an estate can bring a wrongful death claim to court and recover damages. These in turn can be distributed to surviving family members, including a spouse, children and adopted children, parents, and any relatives who were financially dependent on the deceased at the time of the death.
To assert your rights in a negligence or wrongful death claim, you must file it within the applicable statute of limitations. Under Florida law, a victim must file a negligence claim within four years from the date of the accident. The time frame to file a wrongful death claim is two years from the date of the death.Palm Beach County, Florida: Personal Injury Claims We Are Available to Handle
If you or someone you love has been injured by a careless act of another, you could file an injury claim against the responsible party.
In Delray Beach, personal injury claims may arise due to a variety of causes, including car accidents involving a distracted driver or a slip and fall because a property owner failed to maintain their property.
It should be noted that the State of Florida follows the doctrine of Comparative Negligence. This means that if you were partially at fault for your injuries, your total compensation award may be reduced by your percentage of fault.
For example: If the injured person is deemed to be 10% at fault for the accident, the injured party may recover the remaining 90% of damages such as lost wages, medical bills, and pain and suffering.
Here are some examples of how negligence claims can arise in various contexts:
- Car and Automobile Accidents: If a careless or reckless driver causes a car accident and injuring others
- Defective Product Liability: This could be when a manufacturer fails to warn the consumer of hazards and misuse of the product.
- Medical malpractice: If a patient is misdiagnosed by their doctor.
- Slip and Fall Accidents: If a property or homeowner fails to maintain their property such as failing to repair broken pavement or loose floor boards.
- Premises Liability: this may occur if an apartment complex fails to provide adequate lighting or security services and a tenant or a guest is injured by an intruder.
Some of the many types of personal injury cases that we are available to handle include:
- Motorcycle and Scooter Injury Claims : motorcyclists who have been injured by operators or those drivers of larger vehicles who tend to speed, drive drunk, or are distracted by their texting.
- Bicycle and Pedestrian Accident Claims : victims who have been seriously injured by reckless, negligent or distracted drivers.
- Bus Injury Claims: passengers who are injured because the owner or operator was distracted or driving while under the influence of over-the-counter drugs, controlled substances or alcohol.
- Boat, Cruise, or Jet Ski Injury Claims: when passengers are injured due to lack of necessary medical supplies, sailing at excessive speeds, boat or watercraft parts malfunctions, or striking another boat.
A victim’s injuries can range from moderate to serious or life threatening. The injured victim may pursue damages that are proportional to their injuries and pain and suffering. In many cases, a victim can receive compensation for medical bills, pain and suffering, property damage, lost income and benefits, rehabilitation costs, and any other expenses arising from the accident.Palm Beach County Traffic Statistics
One of the most prevalent sources of personal injuries in Delray Beach can result from auto accidents. Due to the fact that Delray Beach tends to attract a large number of tourists each year, there is a greater chance of auto accidents occurring because of a number of different factors.
For example, it’s not uncommon to see drivers, who are unfamiliar with the area, looking around for their destinations instead of paying attention to the road. Other typical auto accident causes include; distraction from cell phone use and driving while intoxicated.Palm Beach County Emergency Room Visit Statistics
In Palm Beach County, the number of visits to an emergency room can present an indication of the serious toll that personal injuries can take. Here, for example, we see in 2018:
- Motor Vehicle Total: 4,013
- Cyclist: 171
- Pedestrian: 82
- Motor Vehicle (Unspecified): 1,081
- Motorcycle Accident: 189
- Motor Vehicle Occupant: 2,490
Car and Auto Accidents are a leading cause of injuries in Delray Beach and throughout Palm Beach County. According to the 2018 Florida Crash Report by the Florida Highway Safety & Motor Vehicles, Palm Palm Beach County experienced one of the highest crash rates in Florida.
- Total Crashes in the Palm Beach County: 26,962
- Total Fatalities as a result of Auto Accidents in Palm Beach County: 183
- Total victims injured in an auto accident in Palm Beach County: 16,046
- Total Accidents involving Bicyclists: 422
- Total Fatalities Involving Pedestrians: 42
- Total Hit & Run Fatalities: 13
- Total Motorcycle Crashes in Palm Beach County: 450
- Total Accidents Involving Pedestrians: 595
If you have lost a loved one in an accident due to the negligence of another, you may be able to pursue a wrongful death claim . Losing someone you love to an unexpected tragedy is a seriously heavy burden to bear, but a wrongful death claim may at least can ease the financial blow as you and others cope with the grieving process.Delray Beach Statute of Limitations for Personal Injury Claims
In Florida, you must file a personal injury lawsuit within four years from the date of the accident. In wrongful death cases, the time frame to file is two years from the date of the death. Florida Statute of Limitations section 95.11(3)(a) If you fail to file your lawsuit within the applicable statute of limitations, your lawsuit will most likely be dismissed and you may be barred from pursuing your claim.
This means that in the case of a car accident, motorcycle accident or premises liability injury, the victim will have four years (from the time of the accident) to file their lawsuit. In cases where the victim died, their estate/loved ones will only have two years (from the time of the accident) to file their lawsuit.What are Some of the Most Common Injuries Following an Accident?
Common injuries in personal injury accidents include:
- Neck, back and spine injuries
- Traumatic brain injury
- Muscular Injuries
- Bone fractures
- Paralysis due to spinal damage
- Permanent facial and body scars
If you’ve been injured, these are some things that you should remember:
- Report the accident and injury to the property owner along with the local authorities. Be sure to get a copy of the incident or accident report.
Delray Beach Police Department | Call (561) 243-7888
- If possible, document the scene of the accident by taking photos or video. If there are any witnesses get their contact information and witness statements
- Get Medical Treatment by a qualified medical doctor and facility. Go to the local emergency room or to your own personal doctor.
Example: Delray Medical Center | Call (561) 495-3115
- Keep a journal or record of your injuries, medical treatment, and how the injury has affected your life
- Call Frankl Kominsky for a Free Personal Injury Consultation
- You Should NOT give a recorded statement to the insurance company without first consulting with your own personal injury lawyer
- You Should NOT try to negotiate a settlement offer without speaking to an injury lawyer
- You Should NOT neglect your injuries or fail to seek medical treatment by a qualified doctor or medical professional
- You Should NOT post the information about the accident or your injury on Social Media
- Past and Future Medical Care and Treatment
- Pain and Suffering
- Property Damage
- Home Renovation for Accessibility
- Items including: home health care, wheelchairs, walkers, lifts, and long-term care facilities
- Lost Wages and Loss of Future Income
If you have been injured because of someone else’s carelessness, you should have dedicated legal representation on your side. At Frankl Kominsky, our Florida accident lawyers are committed to helping those injured victims in Delray Beach and all throughout Palm Beach County.
Our accident and injury law firm has had over 40 years of combined experience handling accident and injury cases, and we know what it takes to establish a negligence claim. We strive to provide the utmost respect and professionalism from our licensed attorneys and well-trained legal staff.
Our Injury Lawyers will offer a Free Consultation by calling 561-701-9992. So, let us help you through this stressful time, our office is available 24/7 and we speak Spanish and Creole.Start your Free Personal Injury Consultation Today
At Frankl Kominsky Injury Lawyers, we pride ourselves on providing diligent legal representation and superior client services. Each client has an entire team of legal professionals working on their behalf. We offer 1-on-1 attention and care.
- Over 600 Verified Client Reviews
- Stay Informed with Fast Response Times - Routine Calls and Emails
- No Fee Unless We Recover
- Over $100 Million in Accident & Injury Settlements
- Over 40 Years of Combined Legal Experience
If you or a loved one has been hurt in an accident due to someone else’s negligence, you should not hesitate to seek counsel from a knowledgeable lawyer serving Delray Beach. Helping victims in Palm Beach County and throughout Florida, the personal injury attorneys at Frankl Kominsky will help you try to aggressively pursue the financial compensation you deserve.
Our firm proudly represents clients across Florida. For a free case evaluation, you can contact us online or call us toll-free at 561-701-9992. Spanish and Creole are spoken here.