West Palm Beach Personal Injury Lawyer

After a West Palm Beach area accident, you may be injured and unable to work and need a West Palm Beach Personal Injury Lawyer. Depending on the circumstances of your case, you could be entitled to compensation for damages. However, whether you should go through insurance or the court system depends on many factors.

Our team of personal injury attorneys in West Palm Beach, FL, is here to help you determine your best course of action. Whether you were injured in a car accident, experienced nursing home abuse, or purchased a defective product, you can contact the Law Offices of Anidjar & Levine today to get started with a free consultation. We are on call 24/7 to learn more about your accident and help you recover damages.

Our Personal Injury Practice Areas in West Palm Beach

It’s essential to have the right help for your specific accident injury. Our West Palm Beach accident attorneys know how to assist you with your personal injury matters. We handle everything from minor to catastrophic injuries, including:

• West Palm Beach Medical Malpractice Lawyer: Medical professionals must provide competent care. When they fail to do so, they are liable for any injuries that may occur due to medical malpractice.
• West Palm Beach Nursing Home Abuse Lawyer: Facilities must take all reasonable steps to protect residents from nursing home abuse in West Palm Beach. However, they could be liable for any injuries if they fail to do so.
• West Palm Beach Slip and Fall Accident Injury Lawyer: Injuries caused by West Palm Beach slips and falls can happen anywhere. A lawyer can discuss your legal options if someone else’s negligence has hurt you.
• West Palm Beach Car Accident Lawyer: Car accidents can cause severe injuries and property damage. Our auto accident lawyers can help you pursue compensation for your pain and suffering.
• West Palm Beach Truck Accident Lawyer: Truck drivers must drive safely to protect others on the road and maintain their equipment properly. If they fail to do so and a West Palm Beach truck accident causes injuries, the driver and often their employer can be liable for any damages.
• West Plam Beach Motorcycle Accident Lawyer: Motorcyclists are particularly vulnerable and have a right to expect that other motorists will drive safely around them. Those injured in West Palm Beach motorcycle accidents can hold those at fault legally accountable when injured because of negligent driving.
• West Palm Beach Boating Accident Lawyer: Boaters must exercise caution to avoid West Palm Beach boating accidents. If they fail to act reasonably, they can be held accountable for the injuries they cause.
• West Palm Beach Bicycle Accident Lawyer: Bicyclists have a right to use the roadways without being harmed by careless drivers. If a bicycle accident in West Palm Beach occurs, you can hold those negligent accountable.
• West Palm Beach Pedestrian Accident Lawyer: Pedestrians expect motorists to drive safely around them. If they fail to do so and a pedestrian accident occurs, the motorist can be liable for any injuries.
• West Palm Beach Construction Accident Lawyer: Construction sites often pose dangers to workers. Contractors must make sure their employees are protected while working. If they fail to fulfill this obligation and a West Palm Beach construction accident occurs, they can be liable for any injuries or deaths.
• West Palm Beach Premises Liability Lawyer: Property owners must keep their premises safe. If they fail to do so, they can be liable for any resulting harm.
• West Palm Beach Swimming Pool Accident Lawyer: Swimmers have a right to enjoy swimming pools without fear of getting hurt. Pool operators must keep the pool area safe. If they fail to comply with these obligations and a West Palm Beach swimming pool accidentoccurs, they can be held legally accountable for any resulting injuries or fatalities.
• West Palm Beach Defective Product Lawyer: Manufacturers must produce safe products. If they fail to meet this obligation, they can be held financially liable for injuries and damages. You may have a defective product case.
• West Palm Beach Child Injury Lawyer: We advocate for the rights of children injured due to negligence or unsafe conditions. Our compassionate approach ensures that your child’s best interests are always our priority.
• West Palm Beach Medical Malpractice Lawyer: Our attorneys represent patients injured by medical malpractice to ensure they receive fair compensation. We will hold medical professionals accountable for their negligent actions.
• West Palm Beach Neck Injury Lawyer: Our team provides legal support for those with neck injuries resulting from accidents or negligence. We strive to achieve the best possible outcome for your injury claim.
• West Palm Beach Property Claim Lawyer: Our attorneys help clients file property claims for damages caused by accidents or negligence. We ensure your property claims are handled efficiently and effectively.
• West Palm Beach School Bus Accidents Lawyer: We represent children and families affected by bus accidents due to driver or school negligence. Our attorneys will advocate for your child’s safety and rights.
• West Palm Beach Serious & Catastrophic Injuries Lawyer: Our team supports clients with severe and catastrophic injuries in their legal battles for compensation. We are committed to obtaining the maximum compensation for your life-altering injuries.
• West Palm Beach Social Security Disability Lawyer: Our lawyers help clients navigate the complexities of obtaining Social Security Disability benefits. We are dedicated to helping you secure the benefits you need for your well-being.
• West Palm Beach Workers’ Compensation Lawyer: We assist workers in securing the compensation they are entitled to after workplace injuries. Our legal team will advocate for your rights throughout the claims process.
• West Palm Beach Wrongful Death Lawyer: Our team supports families in wrongful death cases, seeking justice and compensation for their loss. We provide compassionate legal representation during this difficult time.

Seeking Justice in West Palm Beach Wrongful Death Cases

In addition to the practice areas listed above, our firm also handles wrongful death claims in West Palm Beach. At the Law Offices of Anidjar & Levine, we understand the immense pain and suffering that your family has endured during these trying times. Our compassionate and experienced attorneys will help you seek justice and compensation for your loss.

What Constitutes Wrongful Death?

Wrongful death occurs when the reckless, careless, or intentional actions of another party or entity cause an individual’s demise. Wrongful death claims can arise from various circumstances, including:

• Car accidents: If your loved one was fatally injured in a car accident caused by another driver’s negligence, you may have a wrongful death claim.
• Medical malpractice: When medical professionals fail to provide the standard of care expected in their field, resulting in a patient’s death, it can lead to a wrongful death case.
• Workplace accidents: Fatal workplace accidents, especially those caused by unsafe working conditions or employer negligence, may warrant a wrongful death claim.
• Defective products: If a defective product leads to fatal injuries, the manufacturer, distributor, or retailer may be held liable in a wrongful death lawsuit.
• Premises liability: Property owners can be held responsible if hazardous conditions on their premises cause someone’s death, such as in slip and fall accidents or negligent security cases.

Why Pursue a Wrongful Death Claim?

While no amount of compensation can replace the loss of a loved one, pursuing a wrongful death claim can serve several important purposes:

• Financial security: A successful claim can provide financial stability for surviving family members who relied on the deceased’s income or support.
• Accountability: Holding the responsible party accountable can prevent similar incidents from happening to others in the future.
• Closure: Pursuing a legal claim can offer a sense of closure and justice for your loved one’s untimely passing.

Common Types of Personal Injury Cases in West Palm Beach

Understanding the various types of personal injury cases can help you recognize when legal assistance is necessary. Here are some of the most common cases we handle:

• Automobile Accidents
  • Car collisions
  • Motorcycle crashes
  • Truck accidents
• Premises Liability
  • Slip and fall incidents
  • Inadequate security leading to injury
  • Swimming pool accidents
• Medical Malpractice
  • Misdiagnosis or delayed diagnosis
  • Surgical errors
  • Medication mistakes
• Workplace Injuries
  • Construction site accidents
  • Repetitive stress injuries
  • Exposure to hazardous materials

Our West Palm Beach, FL, Accident Lawyers Will Thoroughly Investigate Your Case

A West Palm Beach personal injury attorney will seek damages based on the facts of your case. We will need to review your case and investigate the accident to determine the damages you may qualify for as an accident victim. As part of the investigation, we may:

• Visit the scene of the accident.
• Take photos or videos of the scene, or obtain photos or videos from other sources.
• Ask professionals with relevant expertise to offer their opinions on your case.
• Request documentation from you, your doctor, and other appropriate parties.
• Contact witnesses to get their account of the events leading up to the accident.
• We will interview all involved parties about the accident.

We’ll also examine whether the defendant was at fault for causing the accident. This includes determining whether the defendant was legally responsible for protecting you from an accident risk. For example, if you ride as a passenger in a car, the driver must ensure you’re not exposed to traffic hazards.

The more information we gather, the better prepared we are to calculate fair compensation for you. We will then take the time to explain our findings so you know exactly what happened and why you should pursue compensation benefits.

Damages You Could Recover in Your West Palm Beach Injury Case

Once we thoroughly investigate your legal claim, we can seek to recover various damages. As an injured person, you can recover compensatory damages such as:

• Medical expenses, including hospital stays, surgery, and therapy
• The cost of long-term care, including in-home nursing, assistive devices, or follow-up appointments
• Lost wages from when you took off work to recover
• Expenses to cover vehicle damages
• Non-economic damages like pain and suffering include emotional trauma caused by the incident
• Loss of quality of life due to chronic physical pain, an inability to live independently, loss of consortium, or loss of enjoyment of life
• Scar tissue affecting your physical abilities or self-image
• Wrongful death damages
• Loss of future earnings due to permanent disability
• Emotional distress

In addition to these losses, you could receive punitive damages if the defendant acted recklessly or intentionally harmed you. Punitive damages punish the defendant for their actions and deter others from acting similarly.

What Should I Do if I Have a Personal Injury Case?

We recommend seeking medical attention if you have suffered harm due to negligence. We also recommend you do the following to help your West Palm Beach case:

• Avoid making posts about your injuries on social media
• Maintain a ledger of your injuries and their associated medical costs
• Strongly consider the benefits of legal representation
• Limit what information you share with any parties involved in the case

These measures help protect you from bad-faith insurance practices and other things that could jeopardize your case. During your free case review, we can explain what other post-accident measures could secure a fair outcome.

Follow Through With Your Doctor’s Treatment Plan

Another way to support your West Palm Beach personal injury case is by seeing a doctor and following through with your treatment plan. Do not take a chance even if you believe your injuries to be minor. Some accident injuries, such as whiplash, do not manifest symptoms for days or weeks after an accident. You deserve to reach your maximum medical recovery, and your medical records can serve as key evidence in your case.

For example, if you suffer a permanent impairment due to your accident-related injuries, you will want maximum compensation for ongoing medical care. We can only fight for it by using evidence, such as your medical records and doctor’s testimony.

Do not let an insurance company deny or undervalue your claim. Protect it by seeing a doctor and following your prescribed treatment plan.

Potential Compensation for Personal Injury Victims

Victims of personal injury accidents may be entitled to various forms of compensation.

The following table outlines potential damages you can recover:

Type of Compensation	Description
Medical Expenses	Costs for hospital stays, surgeries, medications, and rehabilitation services.
Lost Wages	Compensation for income lost due to inability to work during recovery.
Property Damage	Repair or replacement costs for damaged personal property.
Pain and Suffering	The monetary value is assigned to physical pain and emotional distress experienced.
Loss of Consortium	Compensation for negative impacts on relationships with spouse or family.
Punitive Damages	Additional sums were awarded to punish the negligent party for egregious behavior.

Note: The availability and amount of compensation depend on the specifics of your case.

What if My Personal Injury Claim Was Denied?

You may already have had your personal injury protection insurance claim denied. There are a few common scenarios that can result in a denial:

• Your insurer determines you didn’t have the correct form of coverage to receive damages.
• You missed the deadline to file a claim.
• Your insurer suggests you suffer from a pre-existing injury rather than one related to your personal injury case.
• Your damages exceed your insurance coverage policy’s limits.

A personal injury lawyer in West Palm Beach can support you even if your claim has already been denied. Our legal team has extensive experience and can help you if you want to file an amended claim.

Building an amended claim includes gathering evidence, like eyewitness statements, medical records, and proof of treatment.

Will I Have to Give a Deposition if I Seek Damages?

Yes, if you have filed a claim, you’ll likely have to give a deposition. Depositions are recorded out-of-court interviews between you and the involved parties. The information gleaned from these proceedings is critical to a case’s “discovery” process and can be used in or out of court during a settlement.

A West Palm Beach personal injury lawyer can advise you throughout this process. They’ll help you prepare for a deposition and be present during the meeting. If questions are unfair, they can object.

With our support, you won’t have to navigate depositions alone.

How Should I Prepare for a Deposition?

Not every personal injury case will require a deposition. However, they are a part of many legal actions, so it’s essential to be prepared should your case necessitate giving a deposition. Here’s what you need to know:

• The other party’s lawyers may undermine your credibility; you must be credible and likable during a deposition.
• You should dress professionally.
• You’re under oath during a testimony; tell the truth but nothing more.
• Answer “yes,” “no,” or “I don’t know” to any of their questions.
• If a question is confusing or difficult, ask them to rephrase it.

The results of the deposition can guide the direction of your case. If the other party’s lawyers suspect you’ll perform poorly during a jury trial, they may push for courtroom time to capitalize on this weakness.

They may offer an out-of-court settlement if the opposite is accurate and you’re truthful, likable, and presentable.

How Our West Palm Beach Personal Injury Lawyers Can Benefit You

When you enlist the services of a personal injury lawyer in Palm Beach County, you can be sure your case is handled in an organized, professional manner. Our firm represents clients throughout Florida and handles cases involving car accidents, trucking accidents, slip and fall injuries, defective products, and premises liability.

We understand that being injured can be stressful and overwhelming. That’s why we take the time to listen carefully to your story and answer any questions you may have. Then, we’ll review your case thoroughly and advise you on the following steps. We’re ready to support you by:

Explaining What You Should Do After Your Accident

The first thing you should do after getting hurt is to seek medical attention. Even if your West Palm Beach accident was minor, you should see a doctor immediately for a complete evaluation. Some injuries are invisible to the naked eye or could worsen over time.

Ask your doctor about the warning signs of whiplash, concussions, and traumatic brain injuries. Additionally, you’ll need medical records when you move on to the next step of collecting evidence, along with:

• Your medical bills: Your medical bills, including an itemized list of medical expenses, are vital documentation in a personal injury case for assessing the financial impact of your injuries and supporting your claim for compensation.
• The police report of the accident and any eyewitness testimony: This information can be used in court to prove who was at fault for the incident. It’s important to follow the instructions of an officer and take detailed notes on the scene.
• Photos of your injuries, your property damage, and the site of the accident: Proof of property damage sustained in the accident, such as photographs, repair estimates, and damage assessments, helps establish the extent of the losses incurred due to the incident, further strengthening your personal injury claim. Even if you don’t have a camera with you, you can ask bystanders or security guards to take pictures of the scene.

It is also best to contact an attorney immediately to ensure you meet all deadlines in your case. Generally, you must bring your case to court two years after your accident.

Look Into Your Injury Case

To successfully recover damages caused by your accident, our personal injury lawyers in West Palm Beach will investigate your situation. We will gather all evidence necessary. We will also communicate with your insurance company and any other parties involved on your behalf.

Our team of legal experts will begin the personal injury lawsuits required to prove that the negligent party owed you a level of reasonable care, violated the duty of care, and caused you physical harm.

We will go above and beyond to determine the at-fault party and ensure fair repayment for the financial losses you suffered because of someone else’s negligence.

Negotiate and Talk With Other Parties

There may be several parties involved in your personal injury case. Besides you and your legal counsel, the most common parties include:

• The liable fault party or parties
• The responsible party’s lawyer
• The liable party’s insurance provider and insurance adjuster
• The insurance company’s lawyers
• The judge and law clerks, if your case goes to court

Represent Your Personal Injury Claim or Lawsuit

Each party must be dealt with in particular ways to protect your rights. Our team has experience managing communications with all other parties and initiating your personal injury claim, sparing you the stress and confusion of speaking to them yourself. This means we would do the following:

• Send notification letters to the liable party and their representatives, informing them of the compensation amount you are seeking, a crucial step in initiating the legal process and presenting your claim.
• Accept and return calls from all parties involved, maintaining open lines of communication to address inquiries, provide updates, and facilitate productive discussions.
• Arrange and attend meetings with the insurance company, actively engaging in negotiations to secure a fair settlement and firmly rejecting any inadequate offers that may not fully cover your damages.
• Submit documents and other essential materials to the court, ensuring that all required paperwork and evidence are properly presented to support your personal injury case.
• Appear in court on your behalf, representing your interests by making persuasive arguments, cross-examining witnesses, and ensuring that the defense adheres to legal protocols, safeguarding your rights throughout the legal proceedings.

Provide Peace of Mind

Complications may arise even if you think your personal injury claim is an open-and-shut case.

Your insurance company might deny your claim, another party might claim you were at fault, or personal injury victims might be offered a settlement that doesn’t even make a dent in their accident expenses.

Our team understands that even though you survived getting hurt, it doesn’t mean you made it out whole. You may suffer from physical injuries or mental health ailments like post-traumatic stress disorder.

We care about our clients and want you to have an easy, worry-free recovery. When you hire a West Palm Beach personal injury lawyer, you can focus on your well-being while we handle your case.

In addition to handling legal matters, we can:

• Provide your lawyer’s phone number so you can call or text questions anytime.
• Provide an initial consultation at no cost to you.
• Keep in touch so you always know what is happening with your case and have extra opportunities to ask questions.
• Visit your home or elsewhere in Palm Beach County if your injuries make travel difficult.
• Help you receive proper medical care and other services.
• Seek punitive damages as directed under Florida Statutes § 768.72.

Offer a Simple Payment Process

After an accident, we know healing isn’t your only concern. You may need your car repaired or replaced. If you lost a limb at a construction site, you might need to be fitted for a prosthetic.

If you suffer permanent injuries, you may need a wheelchair and accessibility upgrades for your home. The last thing we want you to worry about is whether you can afford a lawyer. Our dedicated team works on a contingency-fee basis.

Our fee is a percentage of the insurance settlement or court award we secure on your behalf. That means if you don’t get paid, we won’t charge you. There are no upfront fees, and you won’t pay anything out of pocket.

The Legal Process in a Personal Injury Case

Managing a personal injury case involves a series of well-defined steps aimed at achieving justice and fair compensation for you.

At our law offices, we understand the importance of guiding our clients through this process. Here’s an overview of the general legal process involved in a personal injury case:

• Consultation and evaluation: The journey begins with an initial consultation between you and our experienced personal injury attorneys. During this meeting, we will listen carefully to your story, assess the merits of your case, and provide an initial evaluation of your potential claim.
• Investigation: Once you decide to move forward, our legal team launches a comprehensive investigation into the circumstances surrounding your injury. This includes gathering evidence, speaking with witnesses, reviewing medical records, and consulting with experts when necessary. A thorough investigation is crucial to building a strong case.
• Filing the complaint: If a fair settlement cannot be reached with the at-fault party’s insurance company, we will file a formal lawsuit by drafting and submitting a complaint to the court. This document outlines your claims and the relief you seek.
• Discovery: During the discovery phase, both parties exchange information relevant to the case. This often includes written interrogatories, requests for documents, and depositions. Discovery helps each side understand the other’s evidence and arguments.
• Settlement negotiations: In many cases, personal injury claims are resolved through negotiation before going to trial. Our attorneys will engage in settlement negotiations with the opposing party or their insurance company to secure the best possible outcome for you. This may involve back-and-forth discussions and offers.
• Mediation or alternative dispute resolution (ADR): If negotiations stall, the court may order mediation or alternative dispute resolution.

Throughout this process, our priority is to protect your rights, advocate for your best interests, and provide you with the legal support you need to secure fair compensation for your injuries and losses. Our experienced personal injury attorneys will be with you every step of the way, striving for the best possible outcome for your case.

Factors That Could Affect Your West Palm Beach Personal Injury Case

Several factors can significantly influence the outcome of your West Palm Beach personal injury case. Understanding these factors is essential if you are pursuing a claim for compensation. Here are some key considerations:

• Strength of evidence: One of the most crucial factors is the strength of the evidence supporting your case. This includes documentation of the incident, such as accident reports, photographs, and medical records. The more compelling and comprehensive your evidence, the stronger your case becomes.
• Witnesses: Eyewitness accounts can be pivotal in personal injury cases. Reliable witnesses who can provide a firsthand account of the incident and testify on your behalf can greatly bolster your case. Their credibility and willingness to testify are essential factors.
• The extent of injuries: The severity and extent of your injuries play a significant role in determining the compensation you may receive. More severe injuries that result in substantial medical bills, ongoing treatment, or permanent disability often lead to higher settlements or verdicts.
• Insurance coverage: The insurance policies of the parties involved can also impact your case. For example, if the at-fault party has limited insurance coverage, it may affect the maximum amount of compensation you can recover. Similarly, if you have underinsured/uninsured motorist coverage, it can come into play if the other party lacks adequate insurance.
• Liability: Establishing liability is critical. If it’s clear that the other party was negligent or at fault for the incident, it strengthens your case. However, if liability is disputed or shared, it can complicate matters.
• Pre-existing conditions: Your medical history, including any pre-existing injuries or conditions, can affect your case. It’s important to be transparent about these conditions, as they may impact the attribution of your injuries to the incident in question.
• Timeliness: Adhering to deadlines and statutes of limitations is crucial in personal injury cases. Failing to file a claim within the specified time frame can result in your case being dismissed.
• Choice of legal representation: Your choice of a personal injury attorney can significantly impact your case. Experienced attorneys who specialize in personal injury law bring valuable knowledge and negotiation skills to the table. They can also help you navigate the legal process effectively.
• Negotiation skills: The ability to negotiate effectively with insurance companies or opposing parties is critical. Skilled negotiation can lead to a favorable settlement without the need for a protracted court battle.
• Courtroom experience: In cases where a settlement cannot be reached, having an attorney with courtroom experience is essential. A lawyer who is comfortable in the courtroom can present a compelling case to a judge and jury.
• Jury perception: If your case goes to trial, the perception of the jury matters. Factors like your attorney’s ability to communicate your story, the presentation of evidence, and the demeanor of witnesses can influence a jury’s decision.

Understanding these factors and working closely with a qualified personal injury attorney can help you navigate the complexities of your case and pursue the financial compensation you deserve. Each case is unique, and a thorough evaluation by legal professionals is essential to assess the specific factors at play in your situation.

Florida’s Statute of Limitations

In West Palm Beach, the statute of limitations is a legal time limit that governs when you must file a personal injury claim. Understanding and complying with this time frame is vital, as failing to do so could lead to the dismissal of your case, potentially forfeiting your right to seek compensation.

For many personal injury cases in Florida, the statute of limitations is typically two years from the date of the incident. This means that you have a two-year window from the date of your injury to file your claim.

However, it’s important to be aware that there are exceptions and specific rules depending on the type of personal injury claim. For instance:

• In cases involving medical malpractice, Florida law generally provides a two-year statute of limitations from the date the injury was discovered or should have been discovered.
• For wrongful death cases, there is a separate two-year statute of limitations.
• If the injured party is a minor at the time of the incident, the statute of limitations may not begin until they reach the age of 18.

Understanding the statute of limitations that applies to your case is crucial. Failing to file your claim within this prescribed time limit can result in the defendant using it as a defense, potentially leading to the dismissal of your case.

To ensure you adhere to the correct statute of limitations and protect your legal rights, we strongly recommend consulting with a qualified personal injury attorney in West Palm Beach. They can assess the specific time frame applicable to your case and ensure all necessary legal actions are taken within the allotted period.

Role of Expert Witnesses

Expert witnesses could play a pivotal role in your personal injury case, often serving as a key asset. Their specialized knowledge and testimony can significantly influence the outcome of a case, particularly in establishing liability and assessing damages. Here’s an overview of the crucial role expert witnesses play in personal injury litigation:

• Establishing liability: Expert witnesses can play a crucial role in personal injury cases by offering professional opinions on critical issues. For example, in a car accident case, an accident reconstruction expert can examine the accident scene, vehicle damage, and other evidence to recreate the events leading up to the incident, assisting in determining factors like fault and negligence.
• Assessing damages: West Palm Beach personal injury cases frequently involve claims for various types of damages, such as medical expenses, lost wages, and pain and suffering. Experts, including medical professionals, vocational rehabilitation specialists, and economists, can evaluate the extent of your injuries, their impact on your life, and any financial losses incurred, aiding in accurately quantifying damages.
• Providing credible testimony: Expert witnesses are recognized professionals in their respective fields, possessing extensive experience and knowledge. Courts regard their testimony as credible and persuasive, and their impartial analysis can carry significant weight with judges and juries, strengthening the overall case.
• Educating the jury: Personal injury cases often involve complex technical or medical details that may be challenging for jurors to comprehend fully. Expert witnesses simplify and clarify these matters, making the information more accessible to the jury. This can be critical in helping the jury make informed decisions about liability and damages in your case.
• Negotiating settlements: Expert witnesses are instrumental in settlement negotiations. Recognizing the credibility and strength of an expert’s testimony, both parties may be more inclined to reach favorable settlement terms. This can lead to time and resource savings compared to proceeding to a trial.
• Rebutting opposing expert testimony: In contested personal injury cases, both sides may present expert witnesses with differing opinions. Expert witnesses effectively challenge and rebut the testimony of opposing experts, providing counterarguments that support your position.
• Consulting and case strategy: Expert witnesses assist attorneys in building a strong case strategy even before it goes to court. They offer valuable insights during case preparation, helping attorneys understand the strengths and weaknesses of their claims or defenses.

Modified Comparative Negligence in West Palm Beach, FL, Personal Injury Cases

Understanding the principle of modified comparative negligence in personal injury law is crucial. This legal doctrine can significantly influence the compensatory damages you might receive, and it’s vital to be aware of its implications when pursuing a claim in Florida.

What Is Modified Comparative Negligence?

Modified comparative negligence is a system that assesses the degree of fault of both the plaintiff (the injured party) and the defendant (the party allegedly at fault). As the plaintiff under this doctrine, your compensation is reduced by your percentage of fault. However, if your fault exceeds a certain threshold, you may be barred from recovering damages.

Florida’s Approach to Modified Comparative Negligence

In March 2023, Florida adopted HB 837, a modified comparative negligence system with a 50% threshold. This means if you are found 50% or more at fault for your injuries, you cannot recover damages.

However, if your fault is determined to be less than 50%, your compensation will be reduced by your percentage of fault. For instance, if you are 30% at fault, you can recover 70% of the total damages awarded.

Implications for Your Personal Injury Claim in West Palm Beach

The modified comparative negligence system affects how personal injury claims are evaluated and compensated. Understanding the following factors is essential when pursuing a personal injury claim:

• Shared fault: Even if you believe you might have been partially at fault in an accident, it’s essential to understand where you stand. If your fault is less than 50%, you can still pursue damages, but they will be proportionally reduced.
• Evidence and representation: Given the potential for reduced compensation, it’s crucial to gather robust evidence and seek experienced legal representation. A skilled attorney can help present your case in the best light and challenge any exaggerated claims of your fault.
• Settlement negotiations: Your degree of fault will play a significant role in settlement discussions. Being aware of the modified comparative negligence rule can guide your expectations and strategy during negotiations.
• Expertise matters in West Palm Beach: Understanding the nuances of modified comparative negligence can be complex. If you or a loved one suffered an injury in West Palm Beach, consulting a local personal injury attorney well-versed in Florida’s modified comparative negligence laws will help ensure you secure the rightful compensation you deserve.

Get Help From Our Personal Injury Lawyers Today

Reach out to the Law Offices of Anidjar & Levine today to discover firsthand how a personal injury lawyer in West Palm Beach can help you. We’ve helped thousands of people like you at our personal injury law firm secure justice after being injured due to an at-fault driver’s negligence.

We’re standing by 24/7 to take your call and offer you a free, no-obligation consultation. We will provide professional legal services without adding to your financial burden. Call or contact us online today.