Personal Injury Lawyer Serving West Palm Beach
Located in Palm Beach County, Florida, the city of West Palm Beach has a population of over 100,000 residents. This vibrant community offers picturesque waterfront views, tree-lined streets, and lively neighborhoods.
Downtown West Palm Beach is a popular shopping destination with two main retail and entertainment districts, CityPlace and the Clematis Street District. The city also hosts cultural events at the Raymond F. Kravis Center for the Performing Arts .
Like residents in other bustling American cities, a number of people there suffer injuries each year. If you or a loved one has been hurt in West Palm Beach due to the misconduct of another, the skilled accident attorneys at Frankl Kominsky can try to help you seek the compensation you deserve.
Our firm offers dedicated representation in all personal injury matters, including product liability claims, slip and falls, wrongful death, and car, truck, and motorcycle collisions.The Benefits of Hiring an Injury Lawyer Nearby
If you have been harmed because of someone else’s recklessness, there is no substitute for having diligent legal representation on your side. At Frankl Kominsky, our Florida accident lawyers are committed to helping injured victims in West Palm Beach and throughout Palm Beach County.
Our Florida Injury firm has more than 40 years of combined legal experience handling accident and injury cases, and we know what it takes to try and prove a negligence claim. You can expect professionalism and the utmost respect from our licensed attorneys and legal staff.Auto Accidents in Palm Beach, Florida
Auto related accidents such as car accidents, motorcycle crashes and accidents involving pedestrians are a leading cause of injuries in all of Palm Beach County.
As reported by the 2018 Florida Crash Report by the Florida Highway Safety & Motor Vehicles, Palm Palm Beach County has had one of the highest motor vehicle crash rates in Florida.
- 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 Motorcycle Crashes in Palm Beach County: 450
- Total Accidents Involving Pedestrians: 595
- Total Fatalities Involving Pedestrians: 42
- Total Hit & Run Fatalities: 13
- Total Crashes in Palm Beach County: 26,962
In Palm Beach County, the number of emergency room visits can present an indication of the toll that personal injuries may take. Here, for example, we see in 2018:
- Motor Vehicle Total: 4,013
- Motorcycle Accident: 189
- Motor Vehicle Occupant: 2,490
- Cyclist: 171
- Pedestrian: 82
- Motor Vehicle (Unspecified): 1,081
If you've been harmed in an accident that wasn't your fault, you may be entitled to financial compensation. In most cases, injured people can file a negligence claim against whoever acted carelessly.
The concept of negligence is rooted in the idea that everyone should exercise a certain degree of caution to avoid creating unnecessary risks of harm to those around them.
This means that people are expected to adhere to a certain duty of care, which usually means acting as a reasonable person would behave in the same situation.
If a person fails to act reasonably and ends up causing harm to another party, he or she may be held liable for costs arising from the accident.
To establish negligence, the victim must show that the defendant owed him (or her) a duty of care, that the defendant breached this obligation, that the breach led directly to the victim’s injuries, and that quantifiable damages were incurred as a result of the accident.
- Automobile accidents: a car driver runs a red light and causes an accident, injuring people in the other vehicle
- Product defect cases: insufficient or inaccurate warning labels cause injury to a consumer
- Medical malpractice: when a doctor administers medication causing an allergic reaction or it conflicts with medication the client is currently on
- Motorcycle and Scooter Injury Claims : motorcycle operators who are injured by drivers of larger vehicles who speed, drive drunk, or are distracted by texting
- Bicycle and Pedestrian Accident Claims : bicyclists and pedestrians who have been seriously injured by reckless or distracted drivers
- Transportation and Bus Injury Claims: passengers who are injured because the owner or operator fails to is tired, distracted or fails to maintain the vehicle, or is driving while under the influence of drugs or alcohol
- Boat, Cruise, or Jet Ski Injury Claims: when passengers are injured due to boat or watercraft malfunctions, a lack of medical supplies, speeding, colliding another boat or watercraft
- Slip, Trip and Fall and Premises Liability Claims : if you were injured in a slip and fall at a grocery or department store, private property or home, a parking lot, you may have a claim for your injuries
Depending on the type of injury or cause of the accident, one's injuries can range from minor to life-threatening.
The damages that an injured victim may recover will be proportional to the nature and severity of his or her harm. In many cases, a victim can receive compensation for medical expenses, pain and suffering, property damage, lost income and benefits, rehabilitation costs, and any other expenses arising from the accident.What Injuries Could You Sustain or Claim For After an Accident?
The types of injuries that are usually seen by injury lawyers serving West Palm Beach may result in many different mental and physical issues. Some of these include:
- Head and Brain Injuries - While brain injuries may be common, they are in no way predictable. In addition, there are many types of brain injuries that may be permanent.
- Muscular Injuries - Muscle injuries can take a very long time to heal and can be extremely painful.
- Broken or fractured bones - There are, of course, many types of bone breaks. These can limit mobility and keep an individual from working.
- Injuries to the Spine - These types of injury can permanently affect an individual’s life and require home and transportation modifications.
- Deformity and Permanent facial and body scars - These may require extensive and painful plastic surgery and have a negative psychological effect, as well.
Other Injuries One Could Sustain in an Accident:
- Cuts, Bruising and scrapes
- Internal Bleeding
- A dislocated Hip, Knee or Elbow
- Back Injuries Herniated Disks
Florida Statute of Limitations section 95.11(3)(a) applies to plaintiffs suing in Florida on a civil action founded in negligence (which includes nearly all plaintiffs with a personal injury case based on a car accident), and holds that plaintiffs have four years from the date of the accident within which they are permitted to file their lawsuit. Failing to meet this deadline will result in the court dismissing your lawsuit, unless you are able to successfully argue that your claim falls under an exception to this statute of limitations.
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 date of death) to file their lawsuit.
One of the more common West Palm Beach personal injury accidents will involve negligence on the part of another. There are a number of statutes that cover personal injury cases. For premises liability claims, personal injury lawyers may refer to:
- Statute 768.0425 (1) Which will apply to damages against contractors for injuries suffered from insufficient property care.
- Statute 768.0755 (1) Which will apply to premises responsibility for random articles that are not immediately removed on the premises of commercial buildings.—
- (1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.
If you’ve been injured by the carelessness of another person or entity, you can bring a negligence claim against whoever was responsible. Negligence means acting in a way that exposes someone else to an unreasonable risk of injury.
There are many ways in which this type of case can arise, such as when a driver rear-ends another vehicle or when a property owner fails to fix a broken stair that causes someone to fall. In each of these examples, the driver or property owner failed to fulfill their duty of using reasonable care. This duty, which applies to everyone, requires people to act as a reasonably prudent person would act in the same or similar circumstances.
Establishing that a defendant breached this duty is a key element of a negligence claim, which requires an injured person to show four things:
- The defendant owed the victim a duty to use reasonable care;
- The defendant breached the duty with careless or reckless behavior;
- This breach caused the accident in which the victim was hurt; and
- The victim suffered damages as a result of his or her injuries.
Florida law follows the doctrine of comparative negligence, which reduces the injured person’s recovery by the degree to which he or she was responsible for causing the accident. If you were partially at fault for the accident and your injuries, you can still pursue a claim; however, your total compensation award may be reduced by your percentage of fault.
For example, if the victim is deemed to be 10% at fault, the compensation award will account for 90% of the damages arising from his or her injuries.
These can include objective types of harm, such as lost wages or medical bills, and relatively subjective types of harm, such as pain and suffering.
If you have lost a loved one in an accident, you may be able to bring a wrongful death claim against those whose negligence was responsible. The rationale behind these lawsuits is that the victim would have been able to seek compensation if he or she had survived.
Losing someone to an unexpected tragedy is a heavy burden to bear, but a wrongful death claim at least can ease the financial blow as you cope with the grieving process.Personal Injury Claims: Types of Damages You Can Recover
Medical Expenses related to the accident and injury, which could include EMS transportation via ambulance or flight, cost of treatment at the emergency room, urgent care or your primary care physician, chiropractic treatments, MRIs, and prescription medication.
Extended Medical Care, Custom Accessibility, or Rehabilitation: which includes home health care, wheelchairs, walkers, in-home lifts, long-term care facilities, and home renovation for accessibility.
Lost wages and Loss of Future Income including time missed from work to seek medical treatment, follow up doctor appointments, MRIs and more.
Property Damage for your vehicleWhat to do and What not to do After an Accident or 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
- West Palm Beach Police Department | Call (561) 732-8116
- If possible, document the scene of the accident with videos, photos, and witness statements
- Seek Immediate Medical Care from a qualified medical professional
- Example: Good Samaritan Medical Center | Call (561) 655-5511
- Keep a journal or record of your injuries, medical treatment, and how the injury has impacted your life
- Find an experienced personal injury lawyer for a Free Consultation
- DO NOT give a recorded statement to the insurance company without consulting with a personal injury attorney
- DO NOT try to negotiate a settlement offer without speaking to an injury lawyer
- DO NOT neglect your injuries or fail to seek medical treatment by a qualified doctor or medical professional
- DO NOT post the information about the accident or your injury on Social Media
At Frankl Kominsky Injury Lawyers, our goal is to provide our clients with diligent legal representation and excellent client services. Each of our clients has an entire team of experienced legal professionals who are working on their behalf and we offer 1-on-1 attention and care.