Palm Beach is a small town located in the Florida county that shares its name. It is connected to Miami, the nearest large city, by Amtrak and Tri-Rail. The town of Palm Beach is home to the Breakers Hotel , a historic site that originally opened in 1896. In addition, the Aqua Adventure Tours offers a family entertainment option. The year-round population of this community is a little over 10,000 residents, but its seasonal population rises to around 30,000 people. Just as in any other town in the United States, a number of people there can be harmed in accidents caused by the careless behavior of those around them.
At Frankl Kominsky, our seasoned personal injury attorneys can help you pursue the compensation you deserve if you were hurt or injured in Palm Beach or a neighboring town in Palm Beach County.
For 2018, Florida has reported the following vehicle accident statistics :
- Total hit-and-run fatalities: 215
- Total hit-and-run accidents: 102,756
- Fatalities for all crashes: 3,174
- Total pedestrian fatalities: 702
- For all crashes: 402,592
- Injuries for all crashes: 254,873
- Total bicycle crashes: 6,575
- Total motorcycle crashes: 9,122
- Total motorcycle fatalities: 502
Palm Beach County: Filing a Personal Injury Claim in Order to Pursue Compensation
Those who have been injured due to the actions of others may often decide to take legal action against those parties who have injured them. When this occurs, it is necessary to prove that there was negligence involved on the part of the other party for that party to be held accountable. It’s important to understand that there is a wide range of situations that fall under the heading of “failure to take adequate care when performing an action. This situation may occur in a variety of settings such as: hospitals, roadways, restaurants, shopping malls, schools and nursing facilities.
If you are a victim of this sort of situation, then you need to establish the following in order to pursue your claim. These are:
- The defendant owed the victim a duty of care;
- The defendant breached the duty of care;
- The victim was injured in an accident caused by the breach; and
- The injuries resulted in actual damages.
You will also need to establish and quantify the types of damages that were incurred.
A duty of care can be breached in a number of different manners. For example, let’s say that you were driving your car and another motorist failed to pay proper attention due to the fact that they were sending a text message. Or a driver may have been travelling too close to the rear end of your car and, as such, ended up causing an accident by rear-ending your vehicle. In these cases, the duty of care was to drive in a responsible manner that adheres to the laws governing the operation of a motor vehicle.
If the defendant is found guilty of a breach of care that has led to your injury, then they may be held responsible by the court for the incurred damages. This may include; payment of all medical expenses, the value of your damaged vehicle, the loss of wages while you were recovering and other associated expenses.
What Are Some of the Most Common Injuries Following an Accident?
The types of injuries that are usually seen by injury lawyers serving Palm Beach may result in many different mental and physical issues. Some of these include:
- Cuts, Scrapes, and Bruising
- Head and Brain Injuries
- Broken or Fractured Bones
- Herniated Discs
- Injuries to the Hip, Knee or Elbow
- Injuries to the Spine
- Internal Bleeding
- Whiplash
Palm Beach: Statute of Limitations for Personal Injury Claims
All personal injury cases are subject to the Florida Statute of Limitations, which is a specific time frame during which you must file your lawsuit. The statute of limitations for personal injury and wrongful death lawsuits differ. In Florida, you must file a personal injury lawsuit within two 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. If you fail to file your lawsuit within the applicable statute of limitations, your lawsuit will likely be dismissed and you may be barred from pursuing your claim.
Of course, there are a few rare exceptions and should be discussed with a personal injury lawyer serving Palm Beach.
If you’ve lost a loved one due to the negligence of someone else, you may be able to pursue a wrongful death lawsuit against whoever was responsible. These cases are highly complex and must be filed within strict timelines. If you think you may have a wrongful death claim, you should consult a Florida attorney immediately.
Protect Your Rights and Hold Negligent Defendants Accountable
If you’ve been injured by someone else’s careless conduct, you can file a claim to seek compensation from whoever was responsible. Negligence is typically defined as the failure to be at least as careful as a reasonably prudent person in similar circumstances. The legal elements that an injured person must prove in most of these cases include:
- Duty: the defendant owed the victim a duty of care;
- Breach: the defendant breached the required standard of care;
- Causation: the victim was hurt because of the defendant’s breach; and
- Damages: actual economic or non-economic harm resulted from the injuries.
If you were partially liable for the accident and your injuries, your total compensation award may be reduced by your percentage of fault. This is known as the Comparative Negligence Rule under Florida law. For example, if someone is deemed to be 25 percent at fault for a particular accident, that person will be able to recover 75 percent of the total damages.
The Types of Personal Injury Claims That We Handle in Palm Beach
- Slip, Trip and Fall and Premises Liability Claims : if you were injured in a slip and fall accident in: a parking lot, at a private home, on private property, in a department or grocery store, you may have a claim for your injuries
- Motorcycle and Scooter Injury Claims : motorcyclists who have been hurt by drivers of larger cars or trucks who speed, have driven while intoxicated, or are distracted by texting while driving
- Bus Injury Claims: passengers who are injured because the owner or the operator fails to maintain the bus, has been distracted, is driving while overly fatigued or driving while under the influence of drugs/alcohol
- Boat, Cruise, or Jet Ski Injury Claims: when passengers are injured due to insufficient or no medical supplies, excessive speeding, boat/watercraft malfunctions, striking another boat/watercraft
- Bicycle and Pedestrian Accident Claims : victims who have been seriously hurt by reckless/distracted drivers
- Car and Auto Accidents Claims : accidents involving a negligent or a reckless driver, or when you were a passenger in a vehicle
Personal Injury Claims: Types of Damages You Can Recover
- Cost of Past and Future Medical Care, Medical Bills and Expenses, Future Treatment
- o Including: Physical Therapy, Diagnostic Tests, Surgery, Home health care, wheelchairs, walkers, lifts, and long-term care facilities
- Lost Wages and Loss of Future Income
- Pain and Suffering
- Property Damage
- Home Renovation for Accessibility
What Should You Do After an Injury?
If you’ve been injured, these are some things that you should remember:
- Report the accident and injury to the authorities and property owner. Get a copy of the accident report or the incident report.
Palm Beach Police Department | (561) 838-5454
If possible, document the scene of the accident with videos, photos, and witness statements. Be sure to get the contact information of any witnesses.
- Seek Immediate Medical Care from a qualified medical professional
Example: Good Samaritan Medical Center | (866) 306-2225
Keep a journal or record of your injuries, medical treatment, and how the injury has impacted your life. Also, make sure to keep a copy of all medical expenses. All of your medical information should be kept in a separate location in your home in order to have easy access when needed.
- Find an experienced personal injury lawyer for a Free Consultation
What NOT to Do After a Personal Injury
- DO NOT give a recorded statement to the insurance company without first consulting with a personal injury attorney
- DO NOT post the information about the accident or your injury on Social Media
- DO NOT neglect your injuries or fail to seek medical treatment by a qualified doctor or medical professional
- DO NOT try to negotiate a settlement offer without speaking to an injury lawyer
Why You Should Hire A Personal Injury Attorney
If you have been injured because of another’s carelessness, there is no substitute for having experienced and dedicated legal representation on your side. At Frankl Kominsky, our Florida personal injury lawyers are committed to helping victims in Palm Beach and throughout the Florida. Our firm has over 40 years of combined experience when handling accident and injury cases, and we know what is needed to pursue a personal injury negligence claim. You can expect the utmost respect and professionalism from our licensed attorneys and our legal staff.
Our Injury Lawyers offer a Free Consultation by calling 561-708-5483. Let us help you through this stressful time, our office is available 24/7 and we speak Spanish and Creole.
At Frankl Kominsky Injury Lawyers, we are dedicated to providing diligent legal representation and client services that are considered superior. Each one of our clients has an entire team of experienced legal professionals that are working on their behalf and we offer 1-on-1 attention and care.
- Over 600 Verified Client Reviews
- Over $200 Million in Accident & Injury Settlements
- Stay Informed with Fast Response Times - Routine Calls and Emails
- No Fee Unless We Recover
- Over 40 Years of Combined Legal Experience
If you’ve been harmed because someone else has been careless or reckless in or around Palm Beach County, you may be entitled to compensation. At Frankl Kominsky, our accident lawyers are dedicated to helping victims hold those who hurt them accountable. We are available to handle virtually all types of personal injury cases, and we know that dealing with an accident is never a simple matter. You can expect our team to give your case the attention and the respect it deserves. For a free case evaluation, you can contact us online or call us toll-free at (561) 708-5483. We speak Spanish and Creole.