Palm Beach Gardens Personal Injury Lawyer
Fight To Win Full and Fair Compensation
Palm Beach Gardens is a hidden gem of Florida. In fact, US News ranked this town among the best places to live in the US and the Top 2 safest town in the country (behind Naples, FL). Nestled halfway between the big metros of Miami and Orlando, Palm Beach Gardens maintains its small-town feel as well as its high-performing schools, picturesque parks, and world-class infrastructure.
But while it’s a peaceful community, accidents and injuries also happen in Palm Beach Gardens. From auto collisions to slip and fall accidents, these accidents can result in great suffering for the injured, but unfortunately the reality is claiming reimbursement from insurers often proves very hard.
Fortunately, Palm Beach Gardens claimants can rely on Philip DeBerard, Injury Attorney to help them with their claims. Mr. DeBerard has recently been voted the Treasure Coast’s Best Personal Injury Attorney because of his genuine service and stellar track record. The DeBerard firm has obtained full settlements for many South Florida clients over the past 40 years.
If you have been injured in Palm Beach Gardens because of someone else’s fault, reach out to Philip DeBerard, Injury Attorney. We provide your initial consultation for free, and you don’t get charged any fees until we obtain compensation on your behalf.
What Compensation Can You Get In A Personal Injury Claim?
The aftermath of an accident is more than just the physical hurt you’ve suffered. It also entails piling medical expenses, missed work, emotional distress, and an unexpected disruption of your normal living. Florida law acknowledges these various losses and affords injury victims the right to claim compensation (also known as damages).
Sadly, many of those who are injured don’t obtain the settlement they should have, and some don’t even know the full extent of their claim. As they try to deal with the insurance company, they often encounter insurance adjuster tactics designed to downplay their injuries, hinder their compensation, or completely deny their claim.
It’s crucial to work with a personal injury lawyer to understand what have the right to receive. Below are common kinds of damages in a personal injury claim:
- Medical expenses, both present and anticipated
- Rehabilitation costs
- Lost income
- Reduced ability to earn
- Pain and suffering, including psychological distress, PTSD, etc.
- Disability needs such as stairlifts and home refurbishment for disability.
Receiving maximum compensation is vital for claimants as their expenditure quickly accumulates. If you’re in a situation like this, ask Attorney DeBerard about how you may gain your maximum financial recovery.
At the DeBerard firm, we meticulously assess the full effects of your injuries, whether physical, financial, or emotional. We help you determine your best legal strategy for compensation, particularly in pursuing a bodily injury insurance claim against the at-fault party. We then apply our decades-long experience to assert the settlement you deserve, or take your case to trial if necessary.
Palm Beach Gardens, FL Personal Injury Statistics
Accidents are an unfortunate part of our lives. In Palm Beach County in 2020 alone, the county saw a total of 9,938 unintentional non-fatal injuries, according to the Florida Department of Health. The leading injury types that led to hospitalizations in Palm Beach County in 2020 were:
- Falls – 6,123 injuries
- Motor vehicle traffic accidents – 1,340 injuries
- Motor vehicle / non-traffic – 89 injuries
- Motor vehicle traffic – motorcyclist – 210 injuries
- Motor vehicle traffic – pedalcyclist – 94 injuries
- Motor vehicle traffic – pedestrian – 137 injuries
- Pedalcyclist, other – 158 injuries
- Pedestrian, other – 13
- Poisoning or Drug overdose – 1,011 injuries
- Struck by or against an object – 122 injuries
- Fires – 24 injuries
- Machinery accidents – 49 injuries
- Drownings / Submersions – <5 injuries
- Hot object / substance – 64 injuries
The above accident represents a significant cost for the injured persons and their families. Consider this: the National Safety Council estimates that a non-fatal auto accident injury can cost from $29,200 to more than $100,000 per injured individual on average. Yet Florida’s mandatory personal injury protection minimum is only $10,000. Those who have serious injuries need to find other legal remedies to get compensated.
Laws That Apply To An Injury Claim In Florida
Florida entitles injured individuals to compensation if their losses resulted from another party’s negligence. However, compensation claims are subject to certain laws that can affect the outcome of your case.
Florida’s “Serious Injury Threshold”
In terms of personal injury, Florida follows the “no fault” rule, which means you’ll file against your own PIP or personal injury protection first, regardless of who’s responsible for your accident. If your damages exceed your PIP coverage and you decide to claim from the person who caused the accident, you’ll need to prove that you sustained a serious injury to warrant a third party injury claim.
What counts as a “serious injury” in the state? As stated in Florida Statutes section 627.737, below are the types of injuries that meet the threshold:
- An important bodily function is permanently and significantly lost
- There is disfigurement or scarring that’s permanent and significant
- Permanent injury other than disfigurement or scarring
- Death (if victim’s family is pursuing the claim).
If you can’t prove that your injuries meet the threshold, you may have lower chances to recover compensation. An experienced attorney will be indispensable in establishing your injury severity.
Demonstrating the Other Party was Negligent
To hold the other party liable for your losses, you also need to establish that they were negligent and that their negligence led to your injuries. In legal parlance, “negligence” means that the person should have exercised “ordinary care” but didn’t. Below are some instances of negligence that may warrant a liability claim:
- Car crash liability – When unsafe driving behavior causes an auto accident (e.g. drunk driving, speeding, or disobeying a stop sign)
- Premises liability – When a property owner fails to keep their premises safe for guests, or fails to warn guests about dangerous conditions in the area, leading to a slip-and-fall injury
- Product liability – When a company manufacturer and sells unsafe items or does not warn about risks for consumers, resulting in consumer injuries
- Watersports accident liability – When an accident occurs in the water involving inexperienced operators, unmaintained vessels, or irresponsible driving.
Negligence may be clear in some scenarios, such as if a drunk driver hit you. But commonly, it can be challenging to establish fault, and anyone involved in the situation may dispute their responsibility. You’ll especially experience this once you go up against an insurance company that’s well-equipped and seasoned in downplaying liability. You’ll want a personal injury attorney to build a robust case for you and sufficiently demonstrate the other side’s fault.
Florida’s Comparative Negligence Principle
In accident compensation claims, “comparative negligence” means that if more than one party was negligent leading up to the accident, all of them will be assigned a share of fault. If the injured claimant was himself negligent in the incident, the compensation they’d receive would be lowered according to their percentage of fault.
For instance, if if the claimant got an award $100,000 for their damages but was shown to be 10 percent responsible for the accident, 10 percent ($10,000) would be deducted from the $100,000 recovery.
In several other states, there wouldn’t be compensation at all if you had a share of fault that was more than 50 percent. However, Florida law adheres to “pure comparative negligence” so no matter how much you were negligent in your own accident, you may still recover some due payment. Even if, for example, 90 percent of the fault was yours, you may still obtain the other 10 percent.
Insurance adjusters and defense lawyers can use the comparative negligence theory if they can find a way to blame you. We’ve seen cases where even uttering “I’m sorry” was taken as admitting that you partially caused the incident. For this reason, it’s critical to have an attorney advise you as early as possible in the case. A competent injury attorney should guide you when dealing with insurance adjusters and help you avoid costly mistakes.
Get Top-Notch Service Legal Service For Your Claim
Given the hurdles above, it’s daunting to pursue a successful injury compensation claim in Florida, including in Palm Beach Gardens. Though having a lawyer isn’t mandatory for such a claim, many injured persons find that they need one anyway. From navigating the law to negotiating with insurers, a trustworthy personal injury attorney makes an important difference in the case.
The Philip DeBerard law firm are highly experienced in this area of law. Our legal advice and representation have resulted in favorable outcomes on behalf of Palm Beach Gardens residents. Some of our many wins are:
- A $4.6 million recovery in a motorcycle accident case
- Medical malpractice case: $2.6 million recovery
- A $2 million recovery in a truck accident case
- A client recovery of 850% of the insurance policy limits.
For us at the DeBerard law firm, it’s more than just getting significant amounts. Each client we work with becomes family to us, so we commit our personal best to help them get back on track. Our service goes beyond negotiating with insurers. It also includes:
- Tapping our network of doctors and specialists to establish your injuries
- Collecting evidence to establish fault in your accident
- Creating a personalized strategy with you that can lead to the best possible outcome in your case
- Building robust arguments against possible defenses by the at-fault party
- Handling the paperwork and process requirements
- Ensuring you’re getting proper medical care
- Updating you regularly so you don’t get stressed about the progress of your case.
With this comprehensive service, the DeBerard firm is noted in the Treasure Coast for heartfelt client care. When you give your case to our team, you can rest easy and focus on healing, knowing your case is in capable hands.
Contact Philip DeBerard, Injury Attorney in Palm Beach Gardens Today
For more than three decades now, the Southern Florida community trusts Attorney Philip DeBerard with their personal injury cases. They’ve witnessed our team’s successful track record and authentic dedication to Floridians. Know how we can serve you, too. Talk to us in a free consultation. We won’t charge you any fees unless and until we obtain compensation on your behalf. Call us today at 800-299-8878.
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