You can be minding your own business and get hurt in an accident that isn’t your fault. Perhaps you slip and fall while on somebody else’s premises or you get in a crash with a careless driver. Fortunately, Florida personal injury law allows victims to pursue reimbursement if they sustained an injury due to the negligent actions of another party.
The procedures involved in a personal injury claim can be complicated. You should hire an experienced and skilled Delray Beach personal injury lawyer to help you pursue the maximum compensation. This is where Steinberg Law comes into the picture.
At Steinberg Law, we take pride in helping victims injured because of the careless or intentional actions of somebody else. We understand and empathize with what you are going through and we will fight for the full compensation you deserve.
What Should I Do After an Injury?
In the unfortunate event that you sustain an injury in a slip and fall, a car wreck, or some other accident, you will likely be worried and overwhelmed. What you do next following an accident will greatly affect the outcome of your personal injury case.
Taking the following steps will help make the case simpler.
Get Medical Treatment and Keep Records of All Treatment
Following any sort of accident, chances are that you’ll sustain some degree of injury. Some injuries may be evident immediately while others are not. For this reason, it’s essential that you go to a doctor who can evaluate the extent of your injuries. A doctor will check you for internal and external injuries.
Getting medical treatment also protects your right to seek compensation. Medical records will be proof that you got hurt because of the accident.
Take Photos/Video If You Can
Having visual evidence from the accident scene can help to prove that you were indeed the victim of negligence. If you are physically able, make sure to take many videos and photos of the accident scene.
Make sure to capture footage of the property damage, any visible injuries, and any relevant details like skid marks, poor road conditions, weather conditions, uneven stairs or flooring, and lack of warning signs.
Get the Names and Numbers of Any Witnesses
In most cases, when an accident ensues, there’s usually a witness or two at the scene. Make a point of noting them and collecting their accounts of what transpired. Get their numbers, names, addresses, and any other relevant information that can assist you to get in touch with them.
Having witness statements is crucial.
Report the Incident
Reporting the incident is part of the proper protocol for any accident. In the event of an auto accident, you should contact the police because they will have to file a police report, which is crucial when dealing with insurance companies.
In the case of a dog bite, notify animal control. For a slip and fall accident, inform the property owner or manager.
Never Admit Fault
Even if you were partly to blame for the said accident, never say so. Don’t apologize or say anything that can be interpreted as you admitting responsibility for the accident. What you say could hurt your chances of recouping compensation. Limit your words as much as possible.
Don’t talk to any insurance adjusters or accept any settlement offers without your attorney present.
Call a Personal Injury Lawyer!
Navigating the legal proceedings of a personal injury claim in Florida isn’t easy, so you should work with a Delray Beach personal injury lawyer to ensure you get the justice and compensation you deserve.
Reach out to the skilled personal injury attorneys at Steinberg Law to learn how we can assist you.
Why Do I Need a Delray Beach Personal Injury Lawyer?
You may think that you don’t require the expertise of an attorney because the case appears straightforward. That’s a presumption that may see you miss out on full compensation. Hiring an attorney gives your case a strong footing and the best chance of succeeding.
Our experienced and committed Delray Beach personal Injury attorneys at Steinberg Law will aid you in the following ways.
Case Preparation / Filing a Lawsuit
Having evidence is essential for any personal injury case. Our attorneys can help with gathering the proof you need to bolster your case. Evidence can encompass things such as police reports, medical documents, CCTV camera footage, and more.
We will file a strong personal injury lawsuit that compels the insurance carrier to pay out a fair settlement amount.
Insurers generally don’t like going to court when they can reach a settlement. Our injury lawyers will always attempt to have the matter resolved out of court since it provides the chance to recoup money faster.
If you enter negotiations with the insurance company alone, chances are that they will attempt to deny, delay, or devalue the settlement amount. We know how insurance companies operate and won’t allow them to take you for a ride.
Trial Preparation & Representation
If the insurance carrier refuses to offer a fair settlement, our lawyers will be prepared to take the case to trial to demand the maximum compensable amount. We know all court procedures and will coach you on what to expect. We will present convincing evidence and advocate for your rights.
What Type of Damages Can I Recover?
There are three categories of damages that victims can seek in a Florida personal injury case.
Economic damages are meant to compensate for the financial burden the victim had to bear because of the accident. They encompass losses that can be calculated and assigned a monetary figure. Examples include current and future medical costs, lost income, property damage, and other accident-related costs.
Non-economic damages are intended to compensate you for the pain and suffering you went through because of the accident. They can’t be calculated like economic damages.
Non-economic damages can include emotional distress, mental anguish, loss of enjoyment of life, loss of companionship, disfigurement, scarring, and permanent disability.
Punitive damages aren’t always awarded but may be given to the victim if it is proven that the other party behaved with gross negligence without regarding the wellbeing of others.
Florida limits punitive damages to three times the amount of compensatory damages or $500,000, whichever is greater.
How Is Liability Determined?
There are four elements that your personal injury lawyer in Delray Beach needs to establish in order to prove liability.
Duty of Care
It must be established that the defendant owed you a duty of care. A duty of care is a legal obligation to act reasonably in order to prevent harm to others. For instance, medical professionals must treat patients with care. Likewise, all drivers must follow traffic laws. Proving this first element is often simple.
Breach of Duty of Care
The defendant acted recklessly or carelessly, thereby breaching their duty of care. We may prove this aspect by obtaining CCTV, eyewitness statements, or other essential evidence. For example, we can use BAC test results to prove that the driver was intoxicated in the moments leading to the crash.
Your lawyer must show that you were injured because of the negligent actions of the defendant. Following up with the drunk driving example, we can use the police report to show that because the driver was drunk, they in turn caused the crash that injured you.
We will prove that you incurred damages following the accident. We will focus on medical documents, financial records, and other evidence to show that you experienced injuries, financial losses, and pain and suffering.
Florida’s Comparative Negligence Law
Florida’s pure comparative negligence law allows you to recover compensation even when it is determined that you were partly at fault for the accident. Unlike in other states, you can recover damages even if you are more than 50% at fault.
However, according to Florida Statutes § 768.81, the amount of your non-economic and economic damages will reduce depending on the percentage of responsibility. If your total damages are $100,000 and you were 25% at fault for the accident, you stand to get 75% of the total damages ($75,000).
How Much Time Do I Have to File a Personal Injury Claim in Florida?
The statute of limitations as stipulated under Florida Statutes § 95.11(3)(a) gives victims of personal injuries four years following the date of the accident to file a claim for damages suffered. In the case of wrongful death, family members have two years following the death of their loved one to file a lawsuit.
Some exemptions may render the deadline to file a lawsuit to be shorter or longer, but overall, you can lose the opportunity to sue by waiting to file your case. When you hire Steinberg Law, we will work diligently, and professionally and make sure we meet set deadlines.
Personal Injury Claims Process
Each personal injury case is unique, but the claims process typically moves through four stages.
Meet with a personal injury lawyer in Delray Beach for a no-cost case review and consultation. Come with available records and proof you have gathered to assist the attorney to decide the best legal action to take.
Here, the attorney will conduct an independent investigation, reviewing witness statements and police reports, and acquiring additional evidence that will give the case a foothold.
After obtaining all pertinent information and determining your damages, we’ll file a lawsuit against the defendant and/or their insurer.
Your attorney will enter into negotiations with the insurance company with the goal of reaching an agreement on the settlement amount. Never enter into settlement negotiations without an attorney present. A lawyer will protect you from being taken advantage of by the insurance company.
If settlement negotiations fall through, the next course of action is heading to court. The attorney will present your case. Then, the jury decides if the defendant is liable after listening to the facts of the case.
How Much Will a Personal Injury Lawyer in Delray Beach Cost?
Our personal injury attorneys at Steinberg Law operate on a contingency fee plan, which means that you aren’t charged anything unless we win the case. We will only take out a pre-agreed percentage from the total compensable amount.
This means you can focus on recuperating as we handle the legal aspects of things. What’s more, if we don’t win the case, you don’t have to worry about paying us.
Types of Personal Injury Cases We Handle at Steinberg Law
Steinberg Law firm has a longstanding reputation for advocating for personal injury victims in Delray Beach, FL. Our injury attorneys have handled various personal injury cases and have recovered millions for clients.
The following are some of the personal injury claims we can help with.
Motor Vehicle Accidents
Motorcycle, truck, and car accidents are the leading cause of fatalities in Florida and leave thousands more with debilitating injuries. We will fight to hold the liable driver accountable for their reckless or negligent actions that resulted in damages.
Slip & Fall Accidents
When premises owners are aware of a potential hazard in the building or should have reasonably noticed it with routine inspections, they have a duty to deal with such hazards. In the event of damages suffered, you can hold them accountable.
Unsafe products that are sold to unknowing consumers present a huge risk to public safety. When injuries occur, victims have a right to seek compensation from the manufacturer or retailer. Call Steinberg Law for help with your product liability case.
Traumatic Brain Injury
A traumatic brain injury leaves the victim and their family struggling financially and in other areas of their lives. Treatment and recovery are costly and lengthy.
Spinal Cord Injury
We understand the challenges that spinal cord injury victims and their loved ones face and are here to help clients get the full compensation they deserve. Let us help you in pursuing justice for your pain, suffering, and loss.
Our wrongful death attorneys provide legal aid to people who’ve lost cherished ones because of the negligence of someone else. We help families recover compensation for funeral costs, medical costs, loss of income and support, and other damages.
Cruise Ship & Maritime Accidents
If you’ve been injured on a cruise ship, it’s important to speak with an experienced maritime accident lawyer as soon as possible. At Steinberg Law, we have years of experience fighting for the rights of injured passengers, and we know how to get the best results for our clients.
Sexual abuse is a serious crime with long-lasting effects. If you have been the victim of sexual assault, our lawyers at Steinberg Law can help you file a lawsuit and get compensation. It is important to hold all liable parties accountable for their actions.
Hire a Committed Delray Beach Personal Injury Lawyer!
If your injury was caused by the negligence of another party, you have the right to seek compensation for the financial burdens and pain and suffering you have endured. Our team at Steinberg Law in Delray Beach, FL is here to help you get your deserved restitution following such a devastating ordeal.
Please contact our law offices by calling 877-783-4611 to arrange a free consultation.