Personal Injury Lawyers in West Palm Beach, Florida

Habla Espanol? Click Here

The Law Office of Roger P. Foley represents individuals and families in Palm Beach County and throughout Florida in personal injury matters arising from negligence, carelessness, or wrongful conduct. Personal injury claims are civil actions governed by Florida statutes, case law, and procedural rules that determine whether compensation may be recovered and how those claims must be proven.

In most personal injury cases, Florida law now imposes a two-year statute of limitations, making early legal evaluation essential. Decisions made shortly after an accident — including medical treatment, documentation, and communications with insurance companies — often have a significant impact on the viability and value of a claim.

When a potential personal injury matter is reviewed by this office, it is evaluated by Attorney Roger P. Foley personally. This firm does not operate as a volume-based practice, and cases are not delegated to non-lawyer staff in place of legal analysis. The purpose of an initial consultation is to determine how Florida law applies to the specific facts presented and whether pursuing legal action is appropriate.

This page is intended to provide general information about Florida personal injury law. It is not legal advice and does not attempt to evaluate any specific claim. The purpose of this page is to explain how personal injury cases are analyzed under Florida law so readers can decide whether seeking individualized legal evaluation may be appropriate.

Back to Top

This page is intended for individuals who have been injured in an accident and are seeking a clear understanding of their legal options under Florida law. It is particularly relevant for those who are uncertain whether they have a viable claim, are dealing with insurance companies, or want to understand the legal process before deciding whether to proceed.

Not every injury results in a valid personal injury case. The purpose of this page is to explain how Florida personal injury law applies to real-world situations and to help readers determine whether further legal evaluation may be appropriate.

Back to Top

Florida personal injury law provides a legal mechanism through which an injured person may seek monetary damages when harm is caused by another party’s negligence or intentional misconduct. These cases are civil lawsuits designed to compensate injured individuals for losses caused by wrongful conduct.

The purpose of a personal injury lawsuit is to restore, as nearly as possible, the injured party to the position they would have been in had the injury not occurred. The damages available depend on the severity of the injuries, the surrounding circumstances, and whether the case is resolved through settlement or decided by a jury at trial.

Personal injury claims arise in many contexts throughout Palm Beach County and across Florida, including traffic collisions, unsafe property conditions, defective products, and acts of intentional harm. Each case requires careful factual investigation and application of Florida law.

Back to Top

Under Florida law, negligence generally refers to the failure to exercise reasonable care under the circumstances. Reasonable care is measured by what a reasonably careful person or entity would do, or refrain from doing, in a similar situation.

Negligence may arise from affirmative acts, omissions, or the failure to correct dangerous conditions when there is a legal duty to do so. Whether conduct constitutes negligence depends on the specific facts of the case and is often evaluated by reference to industry standards, safety regulations, and foreseeable risks.

Back to Top

To prevail in a negligence-based personal injury claim under Florida law, an injured party must generally establish the following elements:

• The defendant owed a legal duty of care to the plaintiff
• The defendant breached that duty through action or inaction
• The breach caused the plaintiff’s injuries
• The plaintiff suffered legally compensable damages

Failure to establish any one of these elements may prevent recovery. Because these determinations are fact-specific, negligence claims often require review of medical records, accident reports, witness testimony, and other evidence.

Back to Top

The legal elements of negligence are applied to real-world situations every day in Florida courts. For example, a driver who fails to yield and causes a collision may have breached a duty of care owed to other motorists. A property owner who allows a dangerous condition to remain unaddressed may be legally responsible for injuries that result.

Whether a claim is viable depends on the specific facts, available evidence, and applicable law. Similar incidents can lead to very different legal outcomes depending on how and when the case is evaluated.

Back to Top

Certain decisions made after an accident can materially affect whether a personal injury claim can be pursued or how it is ultimately resolved. These issues often arise before an injured person has had an opportunity to obtain legal guidance.

Common examples include delaying medical treatment, providing recorded statements to insurance adjusters without legal review, failing to document symptoms or limitations, or assuming that an insurance company’s initial position accurately reflects legal responsibility.

Early legal evaluation can help identify and avoid issues that may otherwise limit recovery.

Back to Top

Personal injury law encompasses a wide range of civil claims arising from both negligent and intentional conduct. Common categories of personal injury cases in Florida include:

These cases involve injuries caused by a failure to exercise reasonable care and commonly include automobile and trucking accidents, motorcycle and bicycle accidents, pedestrian accidents, boating accidents, amusement park accidents, slip and fall and premises liability claims, and train or railroad accidents.

Medical malpractice claims are governed by a distinct body of Florida law and involve requirements that do not apply to ordinary negligence cases. These matters typically require review by qualified medical experts and compliance with statutory pre-suit investigation procedures.

Because of the complexity, cost, and evidentiary burdens involved, not every adverse medical outcome gives rise to a viable malpractice claim. Medical malpractice cases are evaluated separately and require a detailed legal and medical analysis before they can proceed.

For a more detailed discussion of Florida medical malpractice law, including expert requirements and pre-suit procedures, please see our Medical Malpractice page.

Intentional torts involve deliberate acts intended to cause harm, such as assault or battery. These claims differ from negligence cases because intent, rather than carelessness, is the central issue.

Product liability claims arise when a product is defectively designed, manufactured, or marketed, rendering it unreasonably dangerous for its intended use. These cases may involve consumer products, medical devices, automotive components, or industrial equipment.

When an injury results in death, Florida’s Wrongful Death Act may allow a civil action to be brought to recover damages resulting from the death. Under Florida law, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate, not by individual family members directly.

The personal representative brings the claim on behalf of the decedent’s estate and eligible survivors, which may include a surviving spouse, children, parents, or certain dependent relatives, as defined by statute. Eligibility for damages and the types of losses recoverable depend on the survivor’s relationship to the decedent and the specific facts of the case.

Wrongful death claims are governed by statutory requirements that differ from ordinary personal injury cases and require careful legal analysis.

For a more detailed discussion of Florida wrongful death law, including who may bring a claim and what damages may be available, please see our Wrongful Death page.

Back to Top

Florida law strictly limits the time within which a personal injury lawsuit may be filed. In most personal injury cases, the statute of limitations is two (2) years from the date of injury. Wrongful death and medical malpractice claims are also subject to specific statutory deadlines.

Failure to file a claim within the applicable limitations period may permanently bar recovery, regardless of the merits of the case.

Back to Top

Although Florida law provides a defined time period to file a personal injury claim, legal issues often arise long before that deadline. Evidence can be lost, witnesses may become unavailable, and insurance positions may harden over time.

Early legal evaluation allows potential issues to be identified before they affect the strength or value of a claim.

Back to Top

Personal injury cases vary widely in complexity and potential value. For that reason, this firm does not operate as a high-volume practice. Cases are evaluated individually, and representation is accepted selectively based on legal merit and the ability to prepare the matter properly.

Clients work directly with Attorney Roger P. Foley, not through layers of non-lawyer staff. This approach emphasizes factual development, legal analysis, and preparation with trial considerations in mind, regardless of whether a case ultimately resolves through settlement.

Back to Top

Every personal injury case is fact-specific, but most follow a general progression. The process typically begins with a review of how the incident occurred, identification of potentially liable parties, and evaluation of available insurance coverage.

Settlement negotiations often occur after liability and damages are documented. Some cases resolve before a lawsuit is filed, while others require litigation when insurance carriers fail to offer reasonable compensation.

If a claim cannot be resolved through negotiation, a lawsuit may be filed. The litigation process includes formal discovery, during which both sides exchange information, conduct depositions, and address evidentiary issues. Discovery may involve court hearings, mediation, or arbitration and can extend over a significant period of time.

If a case proceeds to trial, a jury is selected through the voir dire process. Evidence is presented, witnesses are examined and cross-examined, and legal arguments are made. The jury determines liability and, if appropriate, the amount of damages to be awarded.

Following a verdict, either party may pursue an appeal. However, the majority of personal injury cases resolve through settlement, often before trial. Effective preparation and negotiation are critical throughout the process.

Back to Top

Not every incident requires legal representation. Minor injuries that resolve quickly, situations involving clear lack of liability, or matters with no available insurance coverage may not justify formal legal action.

An honest evaluation includes identifying when pursuing a claim may not be practical or cost-effective.

Personal injury cases are typically handled on a contingency fee basis, meaning legal fees are paid only if compensation is recovered. This allows injured individuals to pursue claims without upfront legal costs while focusing on medical recovery.

Back to Top

Legal evaluation is often appropriate when an injury involves significant medical treatment, disputed fault, insurance coverage issues, or long-term consequences. In other situations, legal action may not be necessary.

An initial consultation allows these issues to be assessed without obligation. If a matter is not legally viable, that assessment is communicated directly.

Back to Top

If you have been injured due to the negligence or wrongful conduct of another, you may be entitled to compensation under Florida law. The Law Office of Roger P. Foley is located in West Palm Beach, Florida, and is available to discuss potential claims.

Call 561-746-7076 to schedule a consultation.