Wellington is a Florida community in Palm Beach County that is home to about 60,000 residents. In 2010, Money Magazine included this city on its list of the “Top 100” Best Places to Live. Golf enthusiasts there can enjoy the country clubs that the area has to offer, including the Binks Forest Golf Club, the Palm Beach Polo Golf & Country Club, and the Wanderers Club Wellington. The city also boasts a 3,200-square foot amphitheater, where concerts, school functions, and plays take place. Despite its many attractions, a number of people are injured in Wellington each year. If you or a loved one has been harmed by someone else’s carelessness, the accident lawyers at Frankl & Kominsky can help you take legal action against the responsible party. We represent ordinary people in cases involving car and truck accidents, slip and falls, product liability, workplace injuries, wrongful death, and more.Seeking Compensation for Your Injuries in Florida
If you’ve been hurt by another’s negligence, you may take legal action against the at-fault party by pursuing a negligence claim. This type of lawsuit will allege that the responsible party violated a duty of care owed to you. In most ordinary contexts, negligence consists of the failure to use reasonable care, which is defined as the amount of caution that a prudent person would use in a comparable situation. Specialists such as lawyers, doctors, engineers, and others performing professional services must meet a different standard of care. The duty imposed on them is to exercise the same degree of skill and care that is ordinarily employed by people in their respective professions under similar circumstances.
To establish negligence, a plaintiff must show that the defendant failed to exercise reasonable care, and that this breach of duty directly caused the plaintiff’s injuries and actual damages. The conduct of individuals or entities often can fall below the appropriate standard of care. Some examples of behavior that breaches this duty include a driver causing an accident because of texting and driving, or a property owner failing to fix a broken stair that harms a visitor.
In some accident cases, there may be multiple parties who are liable. Ascertaining fault can become complicated, which is why it is necessary to consult an experienced lawyer. Establishing liability can be further complicated by the fact that Florida uses a comparative negligence system. This means that, if the victim contributed to the accident, his or her compensation is reduced by the percentage of his or her fault. For example, if a plaintiff is determined to be 20 percent at fault, his or her maximum recovery will be capped at 80 percent.
After showing negligence, a victim can seek monetary compensation from the defendant. These damages can be received through a settlement or a jury award. Typically, a victim can pursue compensation for medical bills, lost income and benefits, pain and suffering, property damage, and any other costs arising from the accident.
If your family member has been killed due to the negligence of another, you may be able to pursue compensation through a wrongful death claim. This is essentially a personal injury lawsuit that can no longer be brought by the victim because he or she has died. Florida law allows the personal representative of the estate to bring the claim on behalf of the deceased. Wrongful death lawsuits are complex and must be filed within a certain time frame.Enlist a Wellington Lawyer to Protect Your Rights After an Injury
At Frankl & Kominsky, we believe that we have a duty to act as your trusted advisors through the entire legal process. Our seasoned injury attorneys are committed to helping you understand your rights when you are hurt in the Wellington area. We work tirelessly in the interests of our clients so they have the strongest possible chance to get fair compensation. We proudly represent clients in Palm Beach County and throughout South Florida. To learn more about your legal options, contact us online or call us toll-free at (855) 800-8000. Our team is fluent in Spanish and Creole.