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Were You Injured in an Accident in West Palm Beach?
West Palm Beach personal injury lawyer David Shiner and his team of injury trial attorneys have been representing personal injury victims in West Palm Beach for many years. Common personal injury claims we handle are car or auto-related accidents such as multiple vehicle accidents, motorcycle accidents, accidents involving semi and commercial trucks, slip and fall injuries, wrongful death as a result of an auto accident or medical malpractice or mass shootings or criminal activities. If you, someone you know or a loved one has been injured by another person’s reckless actions, call West Palm Beach injury lawyer David Shiner for a free consultation at 561-777-7700.
Table of Contents
2. 4 Things To Avoid Prior To Filing a Personal Injury Claim in West Palm Beach
3. Different Types of West Palm Beach Personal Injury Claims
4. Seeking Compensation For Injuries in West Palm Beach
5. Filing a Personal Injury Claim in West Palm Beach
6. What A West Palm Beach Personal Injury Lawsuit Looks Like
7. How A West Palm Beach Personal Injury Attorney Can Help
8. Speaking With A West Palm Beach Personal Injury Lawyer Near Me
Types of Personal Injury Accidents in West Palm Beach
It may surprise you that there are many ways and circumstances under which you or your loved one can be injured. In fact, any time another person’s careless or reckless conduct results in you or your loved one suffering an injury, you have suffered a “personal injury” and may be entitled to compensation. Common circumstances under which individuals are injured include:
- Slips and falls: Property owners in West Palm Beach are required to maintain their properties in a reasonably safe condition. This means that owners of shops and retail establishments must keep their floors clean and free from water or other debris that can make the floors slippery. It also means that owners of public or private swimming pools need to take appropriate measures (such as constructing a fence with a locking gate) to keep others from using the pool without authorization and/or without someone present who is able to help in the event of an emergency. If you were injured due to this type of accident contact our West Palm Beach slip and fall lawyers today to discuss your accident.
- Motor vehicle wrecks: South Florida is one of the leading states in the country for the number of motor vehicle wrecks that occur in any given year in the Sunshine State. A considerable number of such crashes result in little more than damage to the vehicles involved; however, some of these crashes can leave drivers and passengers with catastrophic injuries and permanent disabilities. If you were involved in a car accident and you or another was injured speak with our West Palm Beach car accident lawyers today.
- 18-Wheeler and Semi-Truck Accidents: Truck accidents are the single most deadly type of accidents that happen on south Florida’s highways. Each year over 50,000 accident involve some type of larger sized trucks with more than 4 wheels. Almost 20% of these incidences end up in some type of wrongful death. Our West Palm Beach truck accident lawyers can help you seek compensations for injuries involving trucks.
- Nursing Home Abuse: South Florida has a large population of elderly being cared for by facilities that have the means to provide proper care and attention aging adults require. Not always does the nursing home live up to the expectations we expect when our loved ones are being watched after. Unfortunately, elderly abuse is a growing epidemic that has resulted in older adults being bruised, beaten, neglected, and in some cases causing death through wrongful negligence. If your loved one has been subjected to any form of neglect contact our West Palm Beach nursing abuse lawyers to discuss your loved ones case.
- Wrongful Death: in West Palm Beach the wrongful death statistics for car accidents, truck accidents, motorcycle accidents, and all other roadway vehicles has doubled in the last 10 years. Elements of most wrongful death lawsuits include: someone dying, someones negligence, medical malpractice, auto accidents, criminal behaviour or hazardous conditions or climates. If this unfortunate event has happened to someone close to you talk with our West Palm Beach wrongful death attorneys to discuss your legal options.
- Motorcycle Collisions: Unfortunately, in West Palm Beach we see a lot of motorcycle accidents ending in severe injury and many deaths. The even more regrettable part is these types of accidents are highly preventable. Justice starts with Shiner Law Group and a discussion with our West Palm Beach motorcycle accident lawyer if you or a loved one has been injured in a negligent drivers accident.
- Pedestrian Accidents: Pedestrian accidents in West Palm Beach occur for many reasons ranging from poorly maintained sidewalks, parking lots, construction areas, and walkways. Recovering damages for injuries due to another person’s negligence can occur when the negligent failed to reasonably fail to protect others from foreseeable risks. If you are injured as a pedestrian whether from a car, truck, motorcycle or bike, contact our West Palm Beach pedestrian accident lawyers to discuss your accident details and determine if you may be able to file an accident claim.
4 Things To Avoid Prior To Filing a Personal Injury Claim in West Palm Beach
If you have been injured because of someone else’s negligence, you have every right to pursue a personal injury claim for compensation. However, there are some common mistakes first time filers make that you should avoid. Here are some of them a personal injury lawyer will warn you about:
1. Refusing Prompt Medical Treatment
Just because you got back on your feet after getting injured before doesn’t mean you can do the same thing after every accident. Some take a couple of days to become apparent but a doctor will be able to determine it before it worsens. You will have two weeks to the date of the accident to seek medical aid for your injuries before the insurance company denies your claim for coverage so make sure you do so promptly.
2. Signing A Document without an Attorney Present
No matter how nice the insurance adjuster seems, the agency they work for is NOT on your side. They are well trained to prevent the company from losing money and will do what it takes to meet that goal. This includes trying to convince you to sign documents that can refute your claim or reduce the compensation amount.
To prevent this from happening, refuse to sign anything till you have your personal injury lawyer present. He/she will determine whether the documents prioritize your best interests and cover the cost of all medical procedures you underwent after the accident.
3. Leaving the Scene of the Accident
No matter how minor your injuries seem, the worst thing you can do is leave the scene of the accident early. If you do that you will miss the opportunity to collect witness accounts of the incident so of who may also have video footage you can use to strengthen your case.
Plus, you will also miss your chance of contacting the police who will file a report for you. In such circumstances, the insurance company will have grounds to refuse your claim legally even if you do hire a lawyer later.
4. Refusing To Hire an Attorney
One of the most tragic mistakes you can make before making a claim is refusing to hire a personal injury lawyer. Most give free consultations so that their clients can have a clear understanding of the injuries they sustained and the amount they should claim.
Besides this, they have a vast vault of knowledge and experience which will increase your chances of winning your case. They know the complexities of the law and are not intimidated easily no matter who they are facing. Do you really want to face the other party’s defense trial attorney without legal representation while you are in pain? Do the smart thing and hire your own lawyer to strengthen your claim.
Different Types of West Palm Beach Personal Injury Claims
Our experienced injury attorneys handle a multitude of different types of claims for our clients. These claims range from simple accidents slip and fall cases to complex wrongful death medical malpractice lawsuits. Below is a list of some of the most common types of accidents that cause injury:
- Crashes and collisions between different types of objects. These types of accidents can usually lead to crushed limbs, amputations, and cuts or lacerations. Besides these injuries causing serious pain and discomfort, these injuries also led to significant medical bills, surgery, scarring, and long-term necessary medical care and treatment.
- Repetitive injuries such as constant typing, sewing, or other activities that are repeated over-and-over. If you were hurt at work that occurred from a repetitive task, then you may have a case that involves worker’s compensation against your employer.
- Injuries from falling objects. Believe it or not, people are hurt and killed daily by objects falling and hitting them. In south Florida, injuries can typically occur from falling objects when a landowner fails to remove dead or rotting vegetation from their trees – such a tree limbs or fruit falling and hitting a passerby.
- Inhalation of toxic or poisonous fumes and gases. Our local personal injury law firm handles multiple types of accident cases that resulted from someone inhaling noxious fumes and other types of gases. In addition, because south Florida is a humid place, mold is a real problem. Our law firm has been involved in handling mold cases for years.
- Muscle strains and sprains. If you were hurt in a personal injury case then you may have suffered a strain or sprain of a ligament or tendon. In some cases, a sprain of a ligament, such as an ankle sprain or knee sprain, can be worse than an actual fracture or broken bone.
- Broken bones or fractures. The definition of a fracture is the same as a broken bone. Broken bones occur often in insurance claims and are what lawyers call “objective” evidence of injury. Unfortunately, because bones can heal improperly it is critical that a person who was hurt seek immediate medical attention – in cases where the patient waits for treatment, it may become necessary to end up needing surgery or other invasive medical treatment.
Often one of the questions asked of our law firm’s employees is why does someone need to hire a top west palm beach injury attorney for their case. Although you can certainly represent yourself for injuries you suffered from an incident, it is not necessarily advisable. If you are reading this information, then you probably have been doing a little research on whether hiring a west palm beach law firm to handle your injury case is important. The truth is, people who have a lawyer work for them in handling their insurance claim are three times more likely to secure a more favorable settlement. So, if you found the Shiner Law Group after searching for the best personal injury lawyers in Palm Beach county Florida then you landed on the right site. Call our experienced and dedicated trial attorneys for a free case consultation.
Seeking Compensation For Injuries in West Palm Beach
Suffering a personal injury in West Palm Beach can be a life-altering experience and recovering financial compensation can be a complex and daunting process. At the Shiner Law Group, our award-winning personal injury lawyers understand that personal injury can cause undue physical, emotional, and financial hardship, which is why we are committed to fostering positive client experiences and providing victims with the resources they need to build the most compelling claim.
If you or your loved one has been injured in a south Florida personal injury accident, contact our experienced West Palm Beach personal injury lawyers to discuss your legal rights and options, as you may be entitled to financial compensation.
Filing a Personal Injury Claim in West Palm Beach
Each personal injury case is vastly unique, as negligence associated with these types of cases can assume many forms; however, insurance companies have virtually unlimited litigation resources at their disposal and will employ defensive strategies to significantly weaken or dismiss a personal injury victim’s claim:
- Suggest victims have stronger financial recovery potential in the absence of legal representation.
- Offer premature allegations settlement to avoid significant liability.
- Prolong the civil litigation process to encourage early and reduced settlement.
- Misrepresent recorded statements to shift fault.
- Contest the existence or severity of a sustained injury and attribute it to a preexisting medical condition.
- Mislead or confuse injury victims with respect to insurance policies and coverage.
- Place victims under surveillance and monitor social media presence to invalidate a personal injury claim.
What A West Palm Beach Personal Injury Lawsuit Looks Like
Claimants can obtain a significant advantage over legally sound defendants by obtaining the legal services of an experienced personal injury attorney who can facilitate insurance negotiations and handle the details of your case. The statute of limitations for pursuing a personal injury legal cause of action against an at-fault party is four years in the state of Florida, and two years in cases of wrongful death, which makes legal representation vital to securing the maximum financial recovery package available under Florida law.
In all of Palm Beach County, the most likely place to experience a traffic accident is the intersection of Okeechobee Boulevard and North Military Trail in West Palm Beach, according to a recent report from The Palm Beach Post. While crashes in this area have decreased over the past two years, more accidents have occurred there than anywhere else in Palm Beach County for the past six years straight.
Commonly asked questions from victims who have suffered a personal injury
Traffic accidents are a major source of personal injury in West Palm Beach. However, injuries can occur from many activities, leaving the victim to struggle with both the expenses and impacts that a serious injury can cause.
If you were injured in West Palm Beach because of someone else’s carelessness or recklessness, you can pursue compensation for those expenses and impacts through a personal injury lawsuit. Listed below are the answers to the questions we are most commonly asked about West Palm Beach personal injury lawsuits.
What is a personal injury lawsuit, and what type of accidents can lead to this action?
A personal injury lawsuit is a legal claim filed in civil court that seeks to show who was liable (legally responsible) for the accident that resulted in your injury and how your injury has financially and emotionally affected your life.
Nearly any accident or incident caused by reckless, careless, or intentional behavior that results in an injury can lead to a personal injury lawsuit.
Common types of personal injury cases involve:
- Motor vehicle accidents: including accidents involving passenger cars, trucks, commercial vehicles, motorcycles, rideshares, buses, trains, aircraft, watercraft, bicycles, or pedestrians.
- Premises liability accidents: which include slip and fall accidents, negligent security, elevator or escalator accidents, injuries from amusement park rides, dog bites, or injuries caused by negligence in public or private pools.
- Medical malpractice cases: including those involving diagnosis errors, birth injuries, surgical errors, prescription errors, lack of adequate followup care, and more.
- Nursing home negligence cases: involving injuries to elderly or vulnerable residents because of abuse or neglect.
- Product liability cases: in which an individual has become ill or injured because of a dangerous medication or a defective product such as an auto part, appliance, or even children’s toys.
If you were injured in an accident that was the result of someone else’s careless or reckless actions, even if that type of accident type is not listed above, contact Shiner Law Group for a free case evaluation.
What are the damages I can recover through a West Palm Beach personal injury lawsuit?
Individuals in Florida who were injured can recover both economic and non-economic damages. Damage refers to a payment in compensation for harm. Economic damages are compensation for the expenses you incurred because of your injury, while non-economic damages refer to the compensation you can receive for the impacts your injury has had on your quality of life.
Common expenses and impacts to be included in personal injury damages claims are:
- Medical expenses, including the costs of emergency treatment, ambulance transport, physician and surgical services, diagnostic imaging scans, hospitalization, prescription medication, physical therapy and rehabilitation, and the provision of assistive devices such as prosthetic limbs, a wheelchair, or crutches.
- Lost wages if you are too injured to work or are required to miss work to attend an injury-related medical appointment.
- Loss of future earning capacity if your injuries result in a permanent condition that prevents you from earning what you did before the accident.
- Property damage, such as the cost of repairing or replacing the vehicle you were driving if a car accident injured you.
- Physical pain and suffering resulting from the injury itself or particularly painful treatments required for recovery.
- Emotional distress.
- Loss of the enjoyment of life if your injury prevents you from participating in hobbies and activities you previously enjoyed.
- Loss of consortium, which is a damage collected on behalf of the injured person’s spouse for the loss of physical intimacy and companionship that often accompanies serious injuries.
If I file a lawsuit, does that mean I will have to go to court?
Roughly 95 percent of civil cases resolve before they ever see the inside of the courtroom. One of the most common methods of resolving these cases without litigation is through a negotiated settlement agreement.
Your attorney will begin working on your case by submitting a demand package to the at-fault party’s insurance provider. This package outlines the details of the case, the injuries you incurred, and the expenses and impacts that resulted.
When the insurance provider receives this package, it can respond in one of three ways:
- The insurance provider accepts the claim and pays the value of the case. Insurance companies are in business to make money. One of the ways they do this is by avoiding large payouts to compensate their insured’s victims.
- The insurance provider rejects the claim and refuses payment. At this point, you and your attorney will discuss filing your legal claim in court. Often, insurance companies who are initially reluctant to consider a claim will change their minds when the paperwork is filed and come to the negotiation table.
- The insurance provider makes a settlement offer. Generally, initial settlement offers are ridiculously low and likely will not properly compensate you for your expenses and impacts. However, they provide a jumping-off point for your attorney to begin negotiating.
Even if the at-fault party’s insurance provider is willing to negotiate, there can be a point in those negotiations when your paperwork will be filed in court simply because the insurance provider’s offers will not fairly compensate you. Settlement negotiations can continue until a court reaches a decision.
How do I prove who was liable for my injuries?
To prove liability in your West Palm Beach personal injury case, you must show:
- The at-fault party owed you a duty of care. The duty of care refers to the actions that a reasonable person would take in similar circumstances. For example, in a car accident case, the duty of care that a driver owes to all other users of the roadway would be to operate his or her vehicle safely and legally.
- There was a breach in the duty of care. The breach refers to the actions that the at-fault party in your case took that violated the duty of care.
- The breach resulted in the accident. Which caused you to become injured and incur impacts and expenses because of it.
More than one person or entity can bear liability.
Common personal injury cases featuring multiple at-fault parties include:
- Accidents involving a commercial truck in which the truck driver is liable, but the trucking company didn’t ensure the driver was properly qualified and trained to handle the job and also bears liability.
- Slip and fall accidents in which an individual fell in a retail store due to a puddle of water left on the floor by employees of the company hired to clean the store. The business can bear liability for the hazardous condition if you can prove that they knew or had reason to know through regular inspections of the premises that the hazard existed and did not do anything to mitigate the risk. The company performing the cleaning services can also be liable for creating and leaving the hazard.
What is the average personal injury settlement in West Palm Beach?
Because every case is valued based on the unique expenses and impacts of the claimant and every settlement represents a decision that an offered compensatory amount will satisfy the needs of the claimant, there is no average settlement in this type of case.
There are, however, many factors that can affect the amount of compensation you recover, including:
- The amount of insurance the at-fault party has. Insurance is the way that nearly all personal injury settlements or awards are paid. Without insurance, you can seek and even receive a judgment against the at-fault party, but it will likely be extraordinarily difficult to collect.
- Your age and where you are at in your career at the time of the accident. Many of the damage categories are calculated based on the income you stand to lose if you cannot work, as this is one of the most dire consequences of suffering a serious injury. It makes sense, from this perspective, that a person in a successful career would likely have a higher valued case than a young person with no work experience or a retired person who is no longer making an income.
- Your patience throughout the negotiation process. Some clients would rather receive a smaller settlement that arrives quickly than to wait until a larger offer comes. Your attorney will ensure you have the information you need to decide if that is best for you.
If I was injured in the workplace, can I sue my employer?
Workers’ compensation, which is a no-fault insurance policy that most of Florida’s employers must provide their employees, pays most of these claims. This policy covers wage replacement while you are recovering from your injury, as well as medical treatment.
In exchange for these benefits, the employee typically waives the right to seek compensation for workplace injuries through a civil claim unless:
- The injury was caused by a third party (someone who is not your employer or coworker).
- Your employer was required by law to carry workers’ compensation but did not have an active policy when your accident occurred.
Will I have to pay taxes on my personal injury settlement?
For the most part, no. The Internal Revenue Service does not consider settlements or awards in personal injury cases to be income and does not tax these proceeds.
One exception to this rule involves punitive damages, which are not related to the expenses and impacts of the injury, but punish a defendant for gross negligence and wanton disregard for the life, safety, and rights of others.
If I can’t afford an attorney, can I file the claim on my own?
An attorney is absolutely crucial for your ability to recover the damages you deserve. However, the Shiner Law Group legal team understands that the cost of an attorney makes many people hesitant to seek assistance.
Because this assistance is necessary to your case’s success, we are pleased to offer:
- A free case evaluation where you can talk to an attorney about your legal options with no obligation.
- A contingent-fee payment arrangement, which means you do not owe us for our services until we achieve a positive outcome in your case (such as securing a settlement or award on your behalf).
How A West Palm Beach Personal Injury Attorney Can Help
For over 15 years, the experienced personal injury lawyers at the Shiner Law Group have represented thousands of personal injury victims and their families in West Palm Beach, recovering millions of dollars in settlements and verdicts, because we pursue a broad range of damages across the full spectrum of personal injury litigation to hold negligible parties accountable and secure the financial compensation our clients deserve.
Our law firm holds itself to the highest standards of legal ethics, so we aggressively pursue the best results to safeguard your legal and financial interests. We employ innovative litigation strategies to recover pecuniary losses including, but not limited to, medical treatment and rehabilitation, pain and suffering, lost wages and benefits, reduced earning capacity, periods of disability, and a permanent inability to engage in gainful employment. Our seasoned team handles the legal complexities, so you can focus on what’s most important – recovery.
Speaking With A West Palm Beach Personal Injury Lawyer Near Me
Although the situations under which you and others may be injured can differ, this principle remains: A person who behaves negligently or recklessly and in so doing causes injury to another person may be held responsible for paying that injury victim monetary damages to address the victim’s injuries, expenses, and losses.
Do not delay: you only have a limited amount of time following a West Palm Beach personal injury accident within which to file a claim for compensation and seek damages. Contact the Shiner Law Group today by calling 561-777-7700 or by completing our firm’s online case evaluation contact form and enlist our help in obtaining justice in your case.
“I can’t say enough about the quality and professionalism of the service we have received from Shiner Law Group. The stress of any legal matter can be overwhelming and this group was able to provide me with research, solutions, and thorough explanations of confusing documentation. I found the staff to be proactive, pleasant, and easily available for calls and appointments. Most importantly, every employee with whom I interacted with, especially Nathaly Basnuevo, showed genuine care and compassion for helping me resolve my legal matters. I would wholeheartedly recommend this firm. At a time when the pandemic was at its peak they continued to work hard for me. I was rewarded more than I expected. I would highly recommend this law firm. Thank you to all Shiner law group employees.” Rochelle Q.
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