West Palm Beach Personal Injury Attorney
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West Palm Beach Personal Injury Lawyer

Accidents that cause personal injuries can be traumatizing and devastating to the injured individuals and their families. The aftermath can leave you severely injured and change your quality of life temporarily or permanently. 

If you or a loved one has been injured due to the reckless actions of an individual or third party in West Palm Beach, you may be eligible to take action against the negligent party who caused you or your loved one harm. GOLDLAW can help you through this process. 

GOLDLAW personal injury attorneys have over 200 years of combined legal experience, and will fight to get you the best possible compensation for your case. 

Get started today by contacting us to set up a free consultation.

West Palm Beach Personal Injury Resources

Why Choose GOLDLAW for a Personal Injury Claim?

If you sustain an injury caused by the negligent actions of another individual or entity, you deserve skilled legal assistance to help you recover the compensation you need.

  • At GOLDLAW, We have extensive experience handling complex injury claims in Florida, and we have no problem taking a case all the way to trial if necessary.
  • We never leave clients in the dark while their case is ongoing. You will always have access to your attorney along with other members of our team.
  • If you cannot make it to us, we will send a member of our team to you. We want to make sure that we meet you where you are so your focus can be on healing.

West Palm Beach Personal Injury Attorney

What Types of Accidents does Personal Injury Cover?

Personal injury law is a legal category designed to protect you or your property, should you be harmed by someone else’s action or inaction. Common causes of personal injury cases include:

Every accident incident is different, so it is best to contact an experienced trial lawyer as soon as possible to discuss the details of the incident. A personal injury lawyer from GOLDLAW can help you determine if you have a solid case, and guide you through the legal process. 

Common Injuries Caused by Personal Injury Accidents

Some of the most common injuries you can sustain from a personal injury accident include:

  • Traumatic Brain Injuries (TBIs)
  • Soft tissue injuries
  • Fractured or broken bones
  • Bruises, cuts, and scrapes
  • Spinal cord injuries
  • Burn injuries
  • Wrongful death
  • And other traumatic or debilitating injuries 

Proving Negligence in a Florida Personal Injury Claim

In Florida personal injury cases, you – the claimant – need to prove that the at-fault party was negligent, meaning did the at-fault party act in a way that any other reasonable person would under the given circumstances? Or did they act recklessly and carelessly? 

To prove legal negligence, your West Palm Beach attorney will need to prove the four elements of negligence:

  • Duty of Care–The duty of care refers to the responsibilities that the defendant owed the plaintiff at the time the incident occurred. However, the duty of care will vary depending on the type of injury claim at hand. For example, vehicle drivers all have a duty to uphold traffic laws in order to ensure the safety of others around them. Property owners have a responsibility to properly maintain their premises to ensure guest safety. Medical doctors have a duty to uphold the standard of medical care for a given situation. We encourage you to reach out to an attorney to understand the duty of care owed by the at-fault party in your case.
  • Breach of Duty– Breach of duty refers to whatever negligent action (or failure to act) the individual performed to breach the duty of care that they owe the plaintiff. A breach of duty will look different, again, depending on the situation at hand. Drivers can breach their duty of care to others by failing to uphold traffic laws, operating a vehicle while impaired or distracted, and other violations. Property owners can breach their duty of care by failing to notify guests of a safety hazard or failing to remedy the safety hazard in a timely manner.
  • Causation– In the event the defendant did breach their duty of care to the plaintiff, it must be shown that the breach of duty is what actually caused the injuries.
  • Damages– Finally, it must be shown that the plaintiff suffered some sort of monetary loss as a result of the breach of duty. This can include medical bills, lost wages, and pain and suffering damages.

The process of determining negligence can be challenging and revolves around obtaining as much evidence as possible. Proving these four elements of negligence is essential for securing compensation through a personal injury lawsuit in the West Palm Beach area. Trying to handle all of this yourself without legal assistance is incredibly challenging, so we encourage you to reach out to an attorney who has experience handling complex injury claims.

How Much is My Personal Injury Claim Worth?

Every personal injury case is unique, and the amount of damages you can get depends largely on the facts of the accident and the extent of the injuries you sustained. Depending on the nature of your accident, you may be eligible for economic damages, non-economic damages, and in some cases, punitive damages. 

Economic Damages

Economic damages are losses you have suffered that have a clear monetary value. Examples of economic damages include compensation for:

  • Past and future lost wages
  • Loss of earning capacity
  • Medical expenses
  • Property damage

Non-Economic Damages

Non-economic damages are losses you have suffered that are subjective, and may not have a clear monetary value. Some examples of non-economic damages include compensation for:

  • Pain and suffering
  • Emotional distress
  • Loss of consortium
  • Loss of enjoyment of life

Punitive Damages

Punitive damages are only awarded in certain cases when the judge determines the defendant’s actions were intentional or grossly negligent. Punitive damages differ from economic and non-economic damages because they seek to punish the wrong-doer and deter others from acting in a similar manner. For example, a defendant found guilty of injuring a child due to drinking and driving may be further penalized with punitive damages because their actions were so heinous.

It is important to note that Florida law places a cap on punitive damages. In general, punitive damages cannot exceed three times the amount of compensatory damages awarded, or $500,000, whichever is greater. 

How Long do I Have to File My Claim?

When filing a personal injury claim in Florida, it is important to know and understand the state’s statute of limitations. This is the specified timeframe you have to file a claim. In most personal injury cases, you now have two years from the date of the accident. 

However, this timeframe may vary depending on the specifics of the case. For example, if you are filing a claim for wrongful death, you have only two years from the date of death to file. 

Additionally, if the city, state, or federal government is involved in your accident, the statute of limitations may be different. For example, if you are hit by a city bus, you will need to follow a different timeline. You will need to first submit a notice of claim within 3 years of the date of the accident. From there, you will then need to wait for a minimum of 180 days before you can file your personal injury claim.

In any case, it is important that you act quickly and opt to file your claim sooner rather than later. The longer you wait to file, the harder it becomes for your attorneys to gather evidence, contact witnesses, and build a strong case for you. If you would like to file a claim in West Palm Beach, contact GOLDLAW today to get started.  

Steps to Take After Sustaining an Injury

After sustaining a severe personal injury caused by the negligence of another party in West Palm Beach, there are various steps that individuals can take to help ensure their health and well-being along with the integrity of their claim.

  1. Medical treatment. The number one priority must be seeking medical treatment for any injuries sustained, no matter how minor. Seeking medical treatment after an injury helps victims receive the care they need to begin their recovery, and it also helps establish a timeline between the incident and how promptly a person sought medical treatment. This is something the insurance carriers will look at. Even if injuries do not seem very severe, the best option is for an individual to seek an evaluation from a doctor.
  2. Report the incident. The incident must be reported to the proper authorities as soon as possible. This will vary depending on the type of incident at hand. For example, vehicle accident victims need to report the incident to law enforcement. Premises liability victims will want to report the incident to a manager or the owner of the property. Reporting the incident starts a more official process of letting someone know that the incident occurred.
  3. Evidence gathering. Individuals should gather as much evidence as feasibly possible, given the injuries at hand. This can include using a cell phone to take photographs of the injuries and the causes of the injuries as well as the entire surrounding area. The contact information for any eyewitnesses should be obtained before these individuals can leave the area.
  4. Contacting an attorney. A skilled West Palm Beach personal injury lawyer can get involved quickly and handle every aspect of the situation. This will include additional evidence gathering and communication with other parties involved.
  5. Filing the claim. The next step should be filing a claim, either with an insurance carrier or filing a civil personal injury lawsuit. An attorney can help you through this process. Often, there will be an insurance claim and a personal injury lawsuit happening at the same time.
  6. Continuing medical care. All injury victims should continue medical treatment recommended by their doctor. Discontinuation of medical care could lead the insurance carriers or the at-fault party to limit how much compensation they payout. If you have any questions about the need to continue medical treatment, we encourage you to speak to your medical provider. Also, contact your attorney to discuss the importance of continuing all care recommended by a physician.

What if There is Shared Fault for the Injury?

Shared fault for an injury can certainly change how much compensation a person receives. Florida used to be a pure comparative negligence state, which meant that individuals could recover compensation even if they were up to 99% responsible for their own injuries. However, a new Florida tort reform law was signed into place in March of 2023 by Governor Ron DeSantis.

Under this new law, Florida became a modified comparative negligence state, much like many other states around the country. This system is not as plaintiff-friendly. Under this modified comparative negligence system, a claimant more than 50% responsible for their own injuries will not be able to recover any compensation at all. Individuals less than 50% responsible can still recover compensation, but the total amount of compensation they receive will be reduced depending on their percentage of fault.

For example, if an individual sustains $100,000 worth of medical bills in a vehicle accident, but a jury determines that they were 40% responsible for the incident, they would receive $60,000 instead of the full $100,000. This accounts for their percentage of fault. However, an individual who sustains $100,000 worth of medical bills and is found to be 51% responsible for the incident will not receive any compensation at all under the new modified comparative negligence law.

How Will an Attorney Help Your Claim?

Perhaps the main benefit of working with a West Palm Beach personal injury lawyer is that the injury victim can focus on recovering. An attorney will be responsible for handling every aspect of an injury claim, from filing the claim with the insurance carrier all the way through to a trial by jury if a trial becomes necessary.

An attorney will perform a multitude of tasks, including, but not limited to, the following:

  • Conducting a complete investigation into the incident
  • Speaking to any eyewitnesses or expert witnesses necessary
  • Handling all communication and negotiations with the insurance carriers
  • Filing the personal injury lawsuit in civil court
  • Handling all of the discovery process
  • Handling depositions for witnesses
  • Fully preparing the case for trial
  • Dealing with any appeals on behalf of their client

How Much Does a Personal Injury Lawyer Cost?

At GOLDLAW, we handle personal injury claims in West Palm Beach on a contingency fee basis. This means clients never worry about paying any upfront or out-of-pocket costs related to their claims. Clients will only pay legal fees after we successfully recover the compensation they need to get through this. If we do not win, our clients pay absolutely nothing. If we do win the case, the final legal fee will be an agreed-upon percentage of the settlement or jury verdict.

Even with legal fees, we strongly encourage you to consider working with an attorney. Often, individuals are able to recover much more compensation than they would otherwise have been able to when they work with an attorney, even after accounting for any fees.

Let GOLDLAW Handle Your West Palm Beach Personal Injury Case

At GOLDLAW, we focus solely on personal injury matters, which gives us a unique advantage when helping our clients. With over 200 years of combined experience, our team can provide hope, compassion, and guidance to our clients.

If you or someone you love has been injured by the reckless actions of someone else, you may have legal recourse. The team at GOLDLAW has the experience and determination to help you fight for and win the most compensation possible in your case. Don’t hesitate to hold the negligent party accountable, contact us today to get started.