Vero Beach Personal Injury Lawyer
Fight for Maximum Compensation
Nestled away on Florida’s stunning Atlantic Coast, Vero Beach is known for it’s tranquil beaches, world-class golf courses, museums, nature tours,fishing and water sports. Vero Beach enjoys low property taxes, a lower living cost than neighboring cities.
But despite the peacefulness of this town, accidents and injuries are still inevitable in Vero Beach. From car crashes to slip and falls, these accident are costly for those who are injured, and claiming full and fair compensation from insurance often proves very difficult.
Thankfully, Vero Beach residents can count on Philip DeBerard, Injury Attorney to provide legal help in their claims. Mr. DeBerard was recently selected as the Treasure Coast’s Best Personal Injury Attorney with his genuine service and stellar track record. The DeBerard firm has won maximum settlements for many South Florida clients over the last three decades to the tune of over $150,000,000.
If you have suffered an injury in Vero Beach through no fault of your own, contact Philip DeBerard, Injury Attorney. Your first consultation is free, and we won’t charge you any fees until we get a recovery for you.
Compensation You May Get In A Personal Injury Case
An injury from an accident can be much more than your bodily pains. It also involves piling medical costs, skipped days at work, emotional stress, and an unwelcome disruption in your life. Florida law recognizes these different losses and entitles injury victims to claim compensation (legally called “damages”).
However, many of those who are injured don’t get the settlement they deserve, and some don’t even understand the full extent of their claim. When dealing with their insurance provider, they typically experience insurance adjuster tactics designed to downplay their injuries, delay their compensation, or completely deny their claim.
It’s important to work with a personal injury attorney to learn what you really deserve. The following are common kinds of damages in an accident injury claim:
- Past and future medical expenses
- Rehabilitation costs
- Lost earnings
- Reduced capacity to work
- Pain and suffering, such as mental anguish
- Disability needs such as wheelchairs and home remodeling for disability.
Getting fully compensated is vital for the injured as their expenses quickly pile up. If you’re in a situation like this, talk to Attorney DeBerard about how you may gain your maximum financial recovery.
We at the DeBerard law firm carefully evaluate the full impact of your injuries, including the medical, physical, emotional, or financial. We help you determine your best legal strategy for compensation, such as in pursuing a third-party injury liability claim against the culpable party. We then apply our three decades of experience to procure the settlement you are entitled to, or litigate your claim if needed.
Vero Beach FL Personal Injury Statistics
Thousands of accidents occur in Indian River County every year. In 2020 alone, the Indian River County saw a total of 1,131 unintentional non-fatal injuries, a per the Florida Department of Health. Below are the leading injury types that led to hospitalizations in Indian River County that year:
- Falls – 775 injuries
- Motor vehicle traffic accidents – 101 injuries
- Motor vehicle, non-traffic – 10
- Motor vehicle traffic – motorcyclist – 25 injuries
- Motor vehicle traffic – pedalcyclist – 9 injuries
- Motor vehicle traffic – pedestrian
- Pedalcyclist, other 15 – injuries
- Pedestrian, other – <5 injuries
- Poisoning or Drug overdose – 113 injuries
- Struck by or against an object – 29 injuries
- Fires – <5 injuries
- Machinery accidents – 5 injuries.
- Drownings / submersions – <5 injuries
- Hot object / substance <5 injuries
Each one of these numbers represents substantial costs for the victims and their families. For instance, according to the National Safety Council, a non-fatal auto accident injury can incur anywhere from $29,200 to upwards of $100,000 per person on average. Yet Florida’s minimum personal injury protection requirement is only $10,000. Those who have serious injuries need to look for other legal measures to get compensated.
Laws You Need To Know For Your Florida Injury Claim
Florida law entitles persons to compensation if their accident resulted from someone else’s negligence. However, your compensation claim is subject to certain laws that can dictate the conclusion of your case.
Florida Has a “Serious Injury Threshold”
In terms of accidents, Florida adheres to the “no fault” rule, which means you’ll seek payment from your own PIP policy (personal injury protection) first, no matter who caused the incident. If your damages exceed what your PIP can cover and you decide to be repaid by the at-fault person, you’ll have to prove that you have a serious injury to qualify for this third-party claim.
What qualifies as a “serious injury” in Florida? As stated in Florida Statutes section 627.737, these are the types of injuries that meet the threshold:
- The person has permanently and significantly lost an important bodily function
- There is disfigurement or scarring that’s permanent and significant
- The person has a permanent injury other than scarring or disfigurement
- Death (in accident claims pursued by survivors).
If you can’t prove that your injuries are “serious” under this definition, you may have lower chances to recover your losses. A competent attorney will be indispensable in establishing the severity of your injuries.
Proving the Negligence of the Other Party
To hold the person accountable for your losses, you also have to show that they were negligent and that their negligence was the cause of your injuries. In legal parlance, “negligence” means that the person should have exercised “ordinary care” but fell short of this common standard. The following are some instances of negligence that could be grounds for an injury claim:
- Vehicle accident liability – When irresponsible driving behavior leads to an auto accident (such as intoxicated driving, speeding, or running a red light)
- Premises liability – When a private property owner or manager fails to neglects the safety of their premises for guests, or neglects to warn guests about dangerous conditions at the site, leading to a slip-and-fall mishap
- Product liability – When the manufacturer or distributor of a product sells malfunctioning items or does not warn about their product’s risks, leading to consumer injuries
- Boating accident liability – When a water accident occurs because of inexperienced operators, badly maintained vessels, or reckless driving.
Negligence may be immediately apparent in some situations, such as if you were hit by a drunk driver. But commonly, it can be difficult to establish fault, and parties involved in the incident could dispute their liability. You will likely encounter this once you deal with an insurance company that’s experienced and well-resourced in denying liability. You should have a personal injury attorney who will build a strong case for you and prove the other party’s fault.
The Comparative Negligence Principle in Florida
In accident compensation claims, “comparative negligence” means that if several persons were negligent in the accident, all of them will carry a portion of fault. If the individual who got injured was also negligent in their own accident, the amount they’re entitled to would be lowered according to their portion of fault.
To illustrate if the claimant got an award $100,000 for their damages but was found 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 more than 50 percent of the accident was your fault. However, Florida law adheres to “pure comparative negligence” because it doesn’t matter how much you were negligent in your own accident, you may still recover some due payment. Even if, for instance, you were 90 percent at fault, you may still obtain the other 10 percent.
Insurers and defense lawyers may assert the comparative negligence principle if they can find a way to fault you. We’ve seen cases where even uttering “I’m sorry” is taken as admitting that you partially caused the incident. For this reason, it’s critical to have a lawyer counsel you early on in the case. A knowledgeable injury attorney can guide you when dealing with insurance adjusters and steer you clear of costly mistakes.
How The DeBerard Firm Can Help You
Given the hurdles above, it’s complicated to pursue a successful injury compensation claim in Vero Beach and Florida as a whole. Though having a lawyer isn’t mandatory for such a claim, many individuals find that they need one anyway. Whether it’s navigating the law or negotiating with insurance companies, a trusted personal injury attorney creates an important difference in your claim.
Attorney Philip DeBerard and his team are highly experienced in this field of law. Our legal advice and representation have resulted in favorable outcomes on behalf of Vero Beach residents. Among our triumphs are:
- Motorcycle crash case: $4.6 million recovery
- Medical malpractice case: $2.6 million recovery
- A $2 million recovery in a truck accident case
- Recent client recovery maximized to 850% of policy limits.
For us at the DeBerard law firm, it’s more than just getting substantial amounts. Each person we work with is not just a client but our family, so we do our very best to help them get back on track. Our service is more extensive than just discussing with insurers. It also involves:
- Tapping our network of doctors and specialists to establish your injuries
- Gathering evidence to establish fault in your accident
- Crafting a tailor-suited strategy with you towards the most ideal possible outcome for you
- Building strong arguments against possible defenses by the at-fault party
- Completing the paperwork and administrative requirements
- Making sure you’re receiving proper medical care
- Communicating regularly with you so you don’t worry about how your claim is doing.
With our family-like service, the DeBerard firm is recognized in Vero Beach for sincere client care. When you entrust your case to us, you can be at ease and focus on healing, knowing your case is in reliable hands.
Contact Philip DeBerard, Injury Attorney in Vero Beach Today
For over three decades now, the Southern Florida community trusts Attorney Philip DeBerard to handle personal injury cases. They’ve known our firm’s winning track record and authentic dedication to Floridians. Know how we can serve you, too. Book your free consultation with us. We don’t charge any fees until we obtain compensation you deserve. Give us a call today at 800-299-8878.
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