Being injured as a result of someone else’s negligence is never easy. It adds an additional layer of challenging complications. Obtaining the compensation to which you are entitled can be critical to your ability to regain your health and well-being.
If you’ve been injured in Boca Raton by someone else’s wrongdoing, reach out to an experienced personal injury attorney in Florida for the professional legal guidance you need.
Personal Injury Claims We Handle
Personal injury is a broad branch of the law that addresses the physical, financial, and emotional harms & losses victims suffer due to others’ negligence, recklessness, or worse.
Some of the most common categories of personal injury claims include the following:
- Car accidents and other kinds of traffic accidents
- Defective products
- Premises liability claims, including dog bites, slip-and-fall accidents, and vacation rental accidents
- Accidents that lead to catastrophic injuries
- Intentional torts
- Medical malpractice
- Wrongful death claims
Car accidents in Boca Raton are by far the most common types of personal injury claims. They are generally based on the other driver’s negligence, which can come in any number of forms, including:
- Failure to follow the rules of the road
- Excess speed
The losses associated with car accidents are often immense.
We purchase consumer goods to improve our lives, and most of us give very little thought to being harmed by these products. Unfortunately, some consumer goods are dangerously defective, and product liability claims address the associated losses.
Product defects fall into three separate categories that include:
- defective by design
- rendered defective during the manufacturing process
- defective as a result of inadequate labeling or instruction
Premises liability claims
When you are in a store, shop, or any other kind of business or public facility, your safety is unlikely to concern you. However, when businesses, business owners, or business managers fail to maintain their premises at the same level of safety that other reasonable businesses maintain in similar situations, dangerous accidents can arise.
It’s important to note that dog bites are another form of premises liability claim in the sense that dog owners are responsible for any harm their dogs cause others – as long as the injured party was lawfully on the public or private property and was not provoking the dog in question.
Catastrophic injury accidents
Catastrophic injuries land in a category all their own as a result of the fact that they tend to be life-altering. A catastrophic injury can leave you permanently disabled and looking at a lifetime of healthcare needs, which makes obtaining just compensation that addresses every category of loss you experience paramount.
An intentional tort is a personal injury claim based on intentional bad acts rather than negligence. For example, if someone carelessly backs into your car in the parking lot, you’ll bring a personal injury claim based on the driver’s negligence.
If, however, that same driver purposefully strikes you with their vehicle in the parking lot, it’s a very different matter that’s based on intention and can lead to a personal injury claim based on intentional tort.
Common types of intentional torts include:
- False imprisonment
- The intentional infliction of emotional stress
Being injured as a result of receiving the medical care that you need to regain your health is a very difficult situation that can have far-reaching implications. Medical malpractice claims are not based on unfortunate outcomes but are predicated on the medical professional or facility’s failure to provide the level of care that other medical professionals provide in similar situations.
Wrongful death claims allow survivors to seek compensation for the devastating losses they experience as a result of someone else’s negligence, recklessness, or intentional act. While the at-fault party can face criminal charges, such as when a drunk driver leaves someone else on the road dead, this charge does not prevent them from also facing a civil wrongful death claim.
The basic categories of loss claimants can pursue include:
- The loss of income the deceased victim will have brought into the household
- The loss of services the deceased victim will have performed for the household
- The loss of the deceased victim’s companionship
In Florida, wrongful death claims are filed by representatives of the deceased victim’s estate on behalf of their close surviving family members.
What every personal injury claim has in common is that they lead to legal damages – or losses – that a dedicated Boca Raton injury lawyer can help you recover on.
The Elements of Your Personal Injury Claim
To bring a successful personal injury claim that compensates you for the full range of harms & losses you experience, each of the following elements must be present:
- The other party owed you a duty of care, which means they were responsible for your safety. For example, every individual who gets behind the wheel of a car accepts immense responsibility for the safety of everyone else on the road.
- The other party breached this duty of care by engaging in negligence of one form or another.
- This negligence was the direct cause of the injury-causing accident.
- You suffered losses that the law addresses as a result.
Compensating the Losses You Suffer From a Personal Injury
If you’ve suffered an injury by another person’s negligence, the losses you can seek compensation for in your personal injury claim fall into several basic categories.
If the accident that caused you to be injured was a car accident – or another kind of traffic accident – you’d likely experience property damage to your vehicle and its contents.
If you’ve suffered an injury, you’re facing medical bills, and if your injuries are severe, these costs may not be letting up anytime soon. Serious injuries often lead to health complications as well as secondary medical concerns, which often add up to immense expense.
Some of the most common medical expenses include:
- Emergency care
- Hospital stays
- Surgery and aftercare
- Care from medical professionals
- Physical and occupational therapy
- Pain management
- Prescription medications
Physical injuries tend to go hand in hand with lost wages. While you recover, you’ll likely be off the job, and if your injuries interfere with your ability to perform your job, advance your career, or achieve your earning potential, your financial losses will be that much more substantial. Because our careers tend to be closely tied to our identities, losses in this category can include an emotional element.
Pain and suffering
The physical and emotional pain and suffering that accompanies being injured as a result of someone else’s negligence can be major and can make your physical recovery that much more challenging. While you can’t point to and quantify this category of loss, it’s all too real and should not be neglected in your personal injury claim.
Statute of Limitations for a Personal Injury Claim in Boca Raton
Every state imposes a time limit for filing personal injury lawsuits against at-fault parties, and these timeframes are called the state’s statute of limitations for personal injury claims.
In Florida, you generally have four years from the date of the accident that leaves you injured to file a lawsuit on your case or otherwise lose your right of financial recovery. However, that limitations period is shortened to just 2 years from the date of your injury in several categories of personal injury cases– such as medical malpractice, wrongful death, and intentional tort.
Injured by Someone Else’s Negligence in Boca Raton? What to Do First
If someone else’s negligence leaves you injured, your claim will be specific to the accident in question, but there are certain universal steps you should take, including:
- Seek prompt medical attention – even if you don’t think you were seriously injured – and follow your doctor’s instructions and advice carefully.
- Consult with a seasoned Boca Raton personal injury lawyer early in the process.
- Leave the communication with the insurance company to your trusted personal injury attorney.
- Be careful not to post anything accident related on Social Media and be mindful that your posts do not show you engaged in physical activity that could somehow call into question the legitimacy of your claimed injuries.
- Never, ever agree to settle your personal injury claim without first consulting with an experienced personal injury attorney to find out if the offer you received is a reasonable one based on the facts and circumstances of your case. Early settlement offers made to unrepresented accident victims are almost always very unfair and one-sided in favor of the insurance company making the offer.
Contact a Boca Raton Personal Injury Attorney for Help
The accomplished Boca Raton personal injury attorneys at Eltringham Law Group recognize the gravity of your situation and dedicate their practice to helping clients just like you obtain the fair compensation they need to pursue their most complete recoveries. The pillars of our practice are truth, transparency, and MAXIMUM financial justice, and these principles guide every claim we take on.
Your full recovery is important to us. Contact us online or call us at 561-944-6746 for more information about how we can help you today!