Port St. Lucie Personal Injury Lawyer
Get Maximum Compensation With Philip DeBerard Injury Attorney
Port St. Lucie offers a wide range of housing styles, beaches, golf courses, wildlife, retail stores, and other amenities. Compared to its larger neighbors, Port St. Lucie is more laid back. Its tidy streets and peaceful homes are encircled by beautiful waterways and verdant golf courses.
Though it’s a peaceful place to live in, accidents and injuries are still inevitable in Port St. Lucie. From car crashes to slip and fall accidents, these incidents are costly for those who are injured, and insurance claims for compensation often prove difficult.
Thankfully, Port St. Lucie residents can rely on Philip DeBerard, Injury Attorney to help them with their claims. Mr. DeBerard has recently been voted the Best Personal Injury Attorney on the Treasure Coast by TCPalm due to his genuine service and excellent track record. The DeBerard firm has obtained full settlements for many Floridians over the last 40 years.
If you have been injured in Port St. Lucie through no fault of your own, call Philip DeBerard, Injury Attorney. Your first consultation is free, and we won’t charge you any fees until we obtain compensation for you.
What Compensation You May Receive in A Personal Injury Claim
An injury sustained in an accident isn’t just about the physical hurt you’ve suffered. It also means piling medical bills, missed work, emotional distress, and an unexpected disruption in your life. Florida law recognizes these various losses and entitles injury victims to claim compensation (also known as damages).
Unfortunately, many injured individuals don’t receive the compensation they deserve, and some don’t even realize the real value of their case. When attempting to claim from their insurer, they often encounter insurance adjuster tactics that undermine their injuries, delay their compensation, or completely reject their claim.
It’s valuable to work with a personal injury attorney to learn what you’re really entitled to. The following are common types of damages you may claim:
- Past and future medical expenses
- Rehabilitation costs
- Lost income
- Reduced ability to earn
- Pain and suffering, including mental distress
- Accessibility needs such as wheelchairs and home renovations for disability.
Getting fully compensated is vital for injured individuals as their expenses quickly pile up. If you’re in a situation like this, speak with Attorney DeBerard about getting your maximum financial recovery.
At the DeBerard firm, we meticulously assess the full impact of your injury, be it medical, physical, emotional, or financial. We help you determine your best legal strategy for compensation, particularly in pursuing a bodily injury liability claim against the at-fault party. We then use our three decades of experience to negotiate for the settlement you deserve, or take the case to trial if needed.
Personal Injury Statistics: Port St. Lucie, Florida
Thousands of accident injuries occur in St. Lucie County each year. In 2020 alone, the county saw a total of 2,310 unintentional non-fatal injuries, according to the Florida Department of Health. These were some of the leading injury types that led to hospitalizations in St. Lucie County that year:
- Falls – 1,382 injuries
- Motor vehicle traffic accidents – 256 injuries
- Motor vehicle traffic accidents – non traffic, 30 injuries
- Motor vehicle traffic – motorcyclist – 52
- Motor vehicle traffic – pedalcyclist – 19 injuries
- Motor vehicle traffic – pedestrian – 19 injuries
- Pedacyclist, other – 35 injuries
- Pedestrian, other – <5
- Poisoning or Drug overdose – 210 injuries
- Struck by or against an object – 52 injuries
- Fires – 16 injuries
- Machinery accidents – 7 injuries.
- Drownings – injuries
- Hot object / substances – 0 injuries
Every accident represents a mountain of costs for the victims and their families. For instance, according to the National Safety Council, a non-fatal car collision injury can cost from $29,200 to upwards of $100,000 per person on average. Yet the minimum personal injury protection coverage required in Florida is only $10,000. Accident victims often need to look for other legal remedies to get compensated.
Florida Laws That Affect a Port St. Lucie Injury Claim
In Florida, injured persons are entitled to compensation if their injuries resulted from someone else’s negligence. However, your compensation claim is subject to certain laws that can affect the outcome of your case.
Florida’s “Serious Injury Threshold”
When it comes to accidents, Florida is a “no-fault state,” which means you’ll claim from your own personal injury protection (PIP) insurance first, regardless of who’s at fault in your accident. If your damages exceed your PIP coverage and you decide to claim from the at-fault party, you’ll have to prove that your injury is serious enough to warrant this third-party claim.
What counts as a “serious injury” in Florida? According to Florida Statutes section 627.737, these are the types of injuries that meet the threshold:
- Permanent and significant loss of an important bodily function
- Permanent and significant scarring or disfigurement
- Permanent injury other than disfigurement or scarring
- Death (in accident claims pursued by survivors).
If you can’t prove that your injuries are “serious” under this definition, you may have limited options to recover your losses. A competent attorney will be indispensable in establishing the severity of your injuries.
Proving the Other Party’s Negligence and Causation
To hold the other party liable for your losses, you must also prove that they were negligent and that their negligence caused your injuries. “Negligence” in legal terms means that the person had a duty to exercise “ordinary care” but failed to do so. Here are some examples of negligence that may warrant a personal injury claim:
- Vehicle accident liability – When irresponsible driving behavior leads to an auto accident (e.g. intoxicated driving, speeding, or running a red light)
- Premises liability – When a property owner fails to keep their premises safe for guests, or fails to warn guest about hazardous conditions on the property, leading to a slip and fall injury
- Product liability – When a product manufacturer or distributor sells defective items or fails to warn about product dangers, leading to consumer injuries
- Watercraft accident liability – When a water accident occurs due to unqualified operators, poorly maintained vessels, or reckless driving.
In some situations, negligence can be clearly seen, such as if you were hit by a drunk driver. But in many other cases, it can be challenging to establish fault, and anyone involved in the accident may dispute their negligence. This is especially true once you face an insurance company that’s experienced and well-resourced in minimizing liability. You’ll want a personal injury attorney to build a strong case for you and establish the other side’s fault.
Florida’s Comparative Negligence Principle
In injury compensation claims, “comparative negligence” means that if multiple parties were negligent leading up to the accident, each of them will be assigned a percentage of fault. If the injured claimant is found to be negligent in their own accident, their compensation would be reduced according to their percentage of fault.
For instance, if the claimant was awarded $100,000 for their injuries but was found to be 10 percent at-fault in the accident, 10 percent ($10,000) would be deducted from the $100,000 recovery.
In some states, you wouldn’t be able to receive compensation at all if your share of fault was over 50 percent. However, Florida’s version of this rule is called “pure comparative negligence” because no matter how much you were responsible for your own injuries, you may still recover some due compensation. Even if, for example, you were 90 percent at fault, you may still receive the remaining 10 percent.
Insurance companies and defense lawyers will take advantage of the comparative negligence rule if they can find a way to put some blame on you. In some cases, even saying “I’m sorry” could be taken to mean that you were partly responsible for the incident. This is why it’s crucial to have a lawyer advise you as early as possible in the case. An experienced injury attorney should guide you on how to deal with insurance adjusters and protect you from costly mistakes.
What the DeBerard Firm Can Do For You
As you can see, it’s challenging to pursue an effective injury compensation claim in Port St. Lucie and Florida in general. Though having a lawyer isn’t mandatory for such a claim, many individuals find that they need one anyway. From navigating the law to negotiating with insurers, a trustworthy personal injury attorney can make an important difference in your claim.
Attorney Philip DeBerard and his team are highly experienced in this field of law. Our legal guidance and representation have led to numerous successful claims on behalf of South Florida residents. Among our many wins are:
- A $4.6 million recovery in a motorcycle accident case
- A $2.6 million recovery in a medical malpractice case
- 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 winning substantial amounts. Each client we work with becomes family to us, so we commit our personal best to help them recover. Our service goes beyond dealing with insurers. It also encompasses:
- Working with our network of physicians and specialists to prove your injuries
- Gathering evidence to establish fault in your accident
- Crafting a tailor-suited strategy with you towards your best possible outcome
- Building robust arguments against possible defenses by the at-fault party
- Taking care of the paperwork and legal procedures
- Making sure you’re getting proper medical care
- Communicating regularly with you so you don’t worry about the progress of your case.
This is why the DeBerard firm is known throughout the Treasure Coast for genuine client care. When you entrust your case to our team, you can rest easy and focus on healing, knowing your claim is in reliable hands.
Contact Philip DeBerard, Injury Attorney in Port St. Lucie Today
For more than 40 years now, the Port St. Lucie community trusts Attorney Philip DeBerard for personal injury cases. They’ve seen our team’s successful track record and real dedication to Floridians. See how we can help you, too. Talk to us in a free consultation. You won’t have to pay us any fees unless and until we win compensation for you. Call us today at 800-299-8878.
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