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Palm Bay's growth shows up on the roads and in the parking lots long before it shows up in updated infrastructure. A Palm Bay personal injury lawyer at Frankl Kominsky Injury Lawyers works out of our own office on Palm Bay Road, reviewing cases that trace back to exactly that gap between a growing population and roads or properties that have not caught up.
At Frankl Kominsky Injury Lawyers, "Never Settle For Less®," we have recovered more than $250 million for injured clients across Florida. Call 561-800-8000 for a free consultation, available 24/7.
Why Turn to Frankl Kominsky After an Injury in Palm Bay
An insurance adjuster typically opens a file within hours of an accident, often before the injured person has seen a doctor or understood the full scope of the injury. We move on that same timeline, sending an investigator to the scene while the evidence is still there.
- Over $250 million recovered for injured clients statewide
- 60-plus years of combined litigation experience among our trial team
- Over 2,000 verified client reviews and a BBB A+ rating
- Recognition from Super Lawyers, the National Trial Lawyers Top 40 Under 40, and the Multi-Million Dollar Advocates Forum
- An office on Palm Bay Road, staffed locally rather than run remotely
- Staff fluent in Spanish and Creole, with a full Spanish-language site
Results may vary. Prior case outcomes do not guarantee similar results.
A personal injury attorney in Palm Bay, Florida from our team has three additional Florida offices behind them, in Boynton Beach, Pompano Beach, and Port St. Lucie, giving a local case statewide litigation resources. Call 561-800-8000 today for a free case review.
What Counts as a Personal Injury Claim Under Florida Law?
A personal injury claim generally requires proving four elements. Duty of care means the obligation to act with reasonable care toward others, and breach means falling short of it. Causation ties that failure to the harm, and damages are the losses that follow.
A driver owes a duty to operate safely and a property owner owes a duty to maintain reasonably safe conditions, and a case succeeds once the evidence shows that duty was broken and directly caused the harm.
Florida follows a modified comparative negligence rule, which reduces a recovery by the injured person's own share of fault. Under Florida Statute 768.81(6), a party found greater than 50 percent at fault may not recover at all, while a party at 50 percent or less recovers an award reduced by that share. This applies whether the claim came from a car accident, a fall, or another type of negligence.
Where Do Personal Injuries Happen Most in Palm Bay?
Palm Bay Road, Malabar Road, and Babcock Street carry heavy daily traffic through the heart of the city, and the stretch of I-95 near the Malabar Road interchange sees a steady mix of local commuters and drivers passing through the Space Coast. Rear-end collisions and intersection crashes cluster around these corridors during the morning and evening commute.
Retail centers like Hammock Landing generate their own claims, from wet floors and poor walkway maintenance to inadequate lighting in parking areas after dark. Newer residential developments sometimes lag on basic maintenance, from cracked sidewalks to unlit stairwells.
Turkey Creek and the surrounding waterways add a less common risk for boaters and anglers using docks and launch areas that see heavier traffic in winter. Construction zones tied to the city's growth generate claims of their own, since a fenced-off site with poor signage creates a hazard on a street that has suddenly changed.
Call 561-800-8000 to have your accident reviewed at no cost.
What Compensation Can You Recover From a Palm Bay Injury Claim?
A Palm Bay injury claim typically covers medical costs, along with lost income during recovery and reduced earning capacity for injuries that limit future work. Pain, emotional distress, and the practical loss of activities a person once did without thinking also factor into a claim's value.
Florida's no-fault system requires drivers to carry personal injury protection coverage under Florida Statute 627.736, which pays initial medical costs regardless of fault but caps out well before covering a serious claim. Stepping outside no-fault to pursue the at-fault party for pain and suffering requires meeting the threshold set in Florida Statute 627.737.
Where the conduct was especially reckless, such as a known hazard left unaddressed after repeated complaints, punitive damages may also be available. Punitive damages punish the wrongdoer rather than replace a loss, and they sit on top of compensatory damages, the categories that reimburse what the injured person actually lost.
Property damage, including a totaled vehicle or damaged personal belongings, rounds out the losses a thorough claim accounts for.
Florida's Statute of Limitations for Personal Injury Claims
Florida generally requires a negligence lawsuit to be filed within two years of the date of injury, under Florida Statute 95.11(5)(a). Waiting until that deadline approaches often means the evidence is already gone, even when the claim itself remains valid.
Certain circumstances shorten the practical timeline further. A claim against a government entity requires written notice to the agency before a lawsuit can be filed, and a defendant who cannot immediately be identified, as in a hit-and-run, complicates the investigation even though the statutory deadline stays fixed.
FAQs: Palm Bay Personal Injury Lawyer
These questions come up often once a client understands the basics of filing a claim.
What does a free consultation cost, and what happens in it?
Nothing, and there is no obligation. We review the details of your accident, answer questions about liability and evidence, and outline the next steps. We handle personal injury cases on a contingency fee, meaning our fee comes only from money actually recovered for you.
Can I still recover damages if I was partly at fault for my accident?
Often yes. Under Florida Statute 768.81(6), a party found greater than 50 percent at fault may not recover at all. At 50 percent or less, the claim proceeds and the award is reduced by that share, so the fault percentage is usually the central dispute.
What if my medical bills already exceed my PIP coverage?
Once PIP benefits are exhausted, a claim against the at-fault party's liability insurance may cover the remaining costs. Health insurance, medical payments coverage, and uninsured motorist coverage can also apply, which is why we identify every policy early.
Will my case go to trial?
Most personal injury claims settle before trial. We prepare every case as if it will be tried, because a case built for court is also a case built for a serious settlement conversation. If a fair offer does not come, we are ready to try it.
How long does a Palm Bay injury claim usually take?
Claims with clear liability can resolve in a few months. Those involving disputed fault, serious injury, or multiple defendants often take a year or more, since a claim is not worth valuing until the full extent of the losses is known.
Do I have a claim if the accident happened on private property?
Possibly. An injury on someone else's property is a premises liability claim, which turns on whether the owner knew or should have known about the hazard. Homeowners and businesses typically carry liability insurance that responds.
Speak with a Palm Bay Personal Injury Attorney Today
Evidence in a personal injury case has a short shelf life. Surveillance footage gets overwritten, hazards get repaired, and witnesses move on within days of an accident.
At Frankl Kominsky Injury Lawyers, we have recovered more than $250 million for injured clients across Florida, backed by 60-plus years of combined trial experience.
Results may vary. Prior case outcomes do not guarantee similar results.
Call 561-800-8000, available 24/7, for a free consultation in English, Spanish, or Creole. Never Settle For Less®.
