West Palm Beach, Florida Personal Injury and Accident Lawyers
Nobody anticipates an accident. We are going about our daily life and instantly we are injured. We don’t know why but it happens. Dealing with injuries from any type of injury is difficult. In addition to the pain we feel from our injuries, we become overwhelmed with stress. We fear the unknown. We have unanswered questions and we need answers. That is when the search begins for “the best personal injury lawyer near me.” You want legal advice from an attorney that focuses his legal practice on personal injury.
The Law Offices of Roger P. Foley is located in the city of West Palm Beach and represents individuals in the following personal injury areas:
- Personal Injury Main Page
- Amusement Park, Carnival and Fair Accidents
- Aviation Accidents
- Bicycle Accidents
- Boating Accidents
- Car Accidents
- Construction Accidents
- Dog Bite Injury
- Medical and Dental Malpractice
- Motorcycle Accidents
- Negligent Security of Commercial and Residential Premises
- Nursing Home Abuse and Neglect
- Pedestrian Accidents
- Product Liability Injuries
- Slip & Fall Accidents
- Train and Railroad Accidents
- Trucking Accidents
- Uber Accidents
- Wrongful Death
As an accident victim you will need to hire a lawyer, the sooner the better. When you do, your attorney will start by collecting information that is important to your legal claim.What Does a Personal Injury Lawyer Do at the Onset of a Car or Trucking Accident Case in West Palm Beach, Florida?
- Listen to the client so that he has an understanding of what occurred, what injuries were suffered, what police department was on scene, whether there were witnesses, and look for any other information that may help the injured person in pursuing an insurance claim or lawsuit.
- A qualified hard working personal injury will then seek out an accident report understanding that if law enforcement was involved that the report was generated by West Palm Beach Police Department, Palm Beach Sheriff's office or Florida Highway Patrol.
- The accident report will supply vital information but most importantly it provides insurance information and the name of the other driver.
- Sometimes hire a private investigator to capture pictures and video of the scene and interview potential witnesses and seek out video footage available by local businesses.
- An accident lawyer will notify the insurance company via a letter of representation and request the policy coverages and policy.
- Provide advice to their injured client and acquire a list of medical treatment providers that the client is treating with
- Review the insurance policies and look for other potential defendants as it's not just the other vehicle’s policy that needs to be reviewed
- Analyze potential comparative negligence claims
- Enlist the help of experts, ie accident reconstructionists and engineers
- Review black box, aka event data recorder information with expert
- Collect all medical bills and records of injury
- Make a demand to the insurance company and negotiate in an effort to receive maximum compensation for the client’s injuries
Most people have legal questions because they have not dealt with a negligence claim in the past. Without having answers to these questions, the victim likely experiences stress as they are unsure how to navigate obstacles created by the accident. Contacting a highly rated West Palm Beach personal injury attorney will help ease the tension because your questions will be answered.
If injured, your primary concern should be healing. Attend all doctor appointments and treatment sessions. A major factor in maximizing your financial settlement is treatment. If you don’t get treated you can’t properly heal. Many accident victims try to tough it out. They are busy trying to work and maintain their family obligations. Skipping physical therapy sessions, pain management, or doctor appointments delay the healing progress and detract from your money you are paid in your settlement.
Insurance companies will do everything they can to pay you less. If you are not receiving treatment, the insurance adjuster will say, “your injury is not that serious.” If it’s not that serious, you cannot expect to receive the money you deserve. Accordingly, follow the medical advice given by your treating physicians.Helping Accident Victims Understand The Basics Of Personal Injury Law And Negligence
An accident victim will often ask, “do I have a good case?” In order to answer that question, you must understand negligence. Nearly all personal injury cases involve a negligence claim, meaning someone failed to do what they were supposed to. In a negligence claim, the injured person (plaintiff) must prove three elements:
- Duty Of Care
- Breach Of That Duty
All drivers on the road owe a duty of care to others. That duty is to follow the rules of the road, drive safely. That is their duty of care. If driver A is driving 20 miles per hour over the speed limit and is weaving in and out of traffic and rear ends (collides) with another motorist on I-95 then driver A has breached his duty of care. If the motorist is injured as a result of driver A’s breach and can prove his injuries were caused by Driver A then negligence has been established.
In the example above, if there is a duty of care and that duty is breached but there is no injury, or the injury can not be shown to have been caused by the breach there will be no recovery; meaning you won’t get paid.
It is important to understand that even if you can prove duty of care, breach of that duty, and causation, there is no guarantee that you will get paid.How Much Will I Get Paid for My Personal Injury Case in Palm Beach County, Florida?
Every case is different. Every injury is different. Every defendant has a different amount of insurance coverage. Every insurance company minimized the culpability of their insured. Every Insurance company is different. As you can see there are many variables. These are the reasons that you search out a top personal injury attorney with endurance and integrity. There will be roadblocks along the way and your accident injury lawyer will need to maintain his tenacity for justice. Justice in a personal injury case is about money. Your legal counsel has a goal. Find everyone responsible and convince them that the claim has value. Maintain that focus through settlement negotiations or throughout trial if a plaintiff’s lawsuit is filed.
Proving your insurance claim has value requires examining the following :
- Medical Records and Expenses
- Loss of Future Earning
- Loss of Wages
- Funeral Expenses
The above are referred to as Economic damages. These are tangible numbers that can be proven.
Non-economic Damages are:
- Pain and suffering
- Loss of consortium - lost love and companionship from a spouse
- Permanent disability or severe physical impairment
- Loss of enjoyment of life
The Law Office of Roger P. Foley represents people that have been harmed by the negligence of others. When you call our West Palm Beach Office, you will speak directly to your attorney, Roger P. Foley. He is dedicated to his clients and will be there every step of the way. Call Now!How Do I Get Paid for My Accident Injuries?
Insurance. Yes, we need the insurance company to pay out. The average person does not have the money to pay you for the injuries they caused. This is the reason for insurance. Florida only requires personal injury protection in the amount of $10,000. PIP is never enough. Consider upping your insurance coverage.How Do I Protect Myself With Car Insurance?
You should discuss coverages with your insurance agent. Insurance makes all the difference in a car accident. Without sufficient insurance, an injured party may never receive the financial compensation for their injuries.
- Consider increasing insurance coverage to include bodily injury and uninsured or underinsured motorist coverage
- Leased vehicles require $100,000 bodily injury per person and $300,000 per accident. Add Uninsured motorist coverage! That is solid insurance coverage
- Consider stacking your policies if you have multiple cars in household
- Do not skimp on insurance
- Seek all insurance discounts available
- Understand your policy, do not let the insurance agent tell you that you have complete coverage. Having the required ( lowest possible) coverage leaves you unprotected.
- Remember if you don’t have bodily insurance coverage and an accident is your fault, the injured party can bring a lawsuit against you and have an opportunity to acquire your assets.
Yes. Respectfully, it's foolish not to protect yourself. If you're struck at an intersection by a negligent driver and are seriously injured, you will want to receive financial compensation for your injuries. However, if the negligent driver only has Florida’s required insurance, Personal Injury Protection (10K), you get nothing from that driver or his insurance company for your injuries. Obviously you have PIP so you have 10k in coverage but that's it. You receive nothing else because Florida does not require bodily injury coverage. Without “UM'' coverage you receive nothing. You are on your own for medical bills, lost wages, pain and suffering, or loss of consortium. Accordingly, if you are paralyzed, or have traumatic brain injury, or have broken bones in your body you receive NOTHING! Is it important to have Uninsured Motorist “UM”coverage in Florida? You bet it is.What If I Am Partially At Fault The Accident Injury?
Accident cases are not always clear cut, it can be difficult to determine who caused the accident. Sometimes both parties ( drivers) share responsibility for the accident. Luckily, you can still file a claim for the injuries you received. The term used is comparative negligence. An injury victim’s fault is assessed to percentage. For example, if the injured person is determined to be forty percent at fault, their recovery is reduced by 40%. A rear-end car crash results in Driver 2 having a traumatic brain injury causing severe memory issues and several broken bones. The value of the case is $1,000,000 but Driver 2 is determined to be forty percent at fault. Accordingly, he can only recover $600,000 in financial compensation. His award is reduced by the amount of fault associated with his actions at time of the wreck.
Note: Comparative negligence rule applies to several types of personal injury cases.I Had a Car Crash 5 Years Ago in Wpb, Can I File a Lawsuit for My Injuries?
No. Florida law limits the time you have to file a lawsuit. This is referred to as a “statute of limitations”.Statute of Limitations in Florida for Personal Injury Cases
- Motor Vehicle accidents are four (4) years.
- Medical Malpractice and Wrongful Death are two (2) years
- Claims against the Government are two (2) years
- Town, city, state, and federal government
If you are in need of a personal injury in the West Palm Beach area, “call me” attorney Roger P. Foley to discuss your accident case. 561-746-7076West Palm Beach, Florida Law Resources
- Palm Beach County Sheriff's Office Booking Blotter
- Palm Beach County Website
- Palm Beach County Sheriff's Office
- Palm Beach County History
- Florida Health Website
- Palm Beach Post