For residents of Pompano Beach, Florida, after an accident or injury, understanding your legal options is vital. Florida personal injury laws are in place for injured victims just like yourself.
A top-rated Pompano Beach personal injury lawyer with in depth knowledge of them will determine fault, assess damages, and build a case that will impact the compensation you can receive.
With so much at stake, having an experienced advocate by your side can make all the difference in securing the justice and financial support you deserve.
Imagine this: you’re driving home after visiting the historic Sample McDougald House Museum, heading south on I-95, when a reckless driver swerves through traffic, sideswipes your car, and causes a high-speed crash.
Or perhaps you’re biking to your job at Crystal Oceans when a distracted driver hits you in a crosswalk before fleeing the scene. These devastating situations highlight the need for skilled legal guidance.
You don’t have to face this challenging time alone. The award-winning team at Schilling & Silvers’ accident and injury law firm is here to help you recover what you’ve lost.
Get started today by calling us at at 954.225.8717 or by filling out our contact form.
There are many situations which result in personal injury claims. Some of the most prevalent which our skilled personal injury attorneys in Fort Lauderdale have to do with motor vehicle accidents.
Just as an example, to put things in perspective, in Broward County, there were 40,304 crashes in 2023. That’s a lot of crashes. Here is another sobering statistic, Florida averaged 1083 crashes PER DAY.
Moving on, personal injury claims commonly arise from:
Determining liability is of the most important aspects of any personal injury claim. Some of the potentially liable individuals or entities may include:
Drivers: In motor vehicle accidents, drivers who act negligently—speeding, driving under the influence, or failing to obey traffic laws—are commonly held liable. Florida’s comparative negligence rules may also apportion blame if multiple drivers share responsibility.
Property Owners: Under Florida’s premises liability laws, property owners are responsible for maintaining safe conditions. Whether it’s a slip-and-fall at a grocery store, an injury at a private residence, or a hazardous condition at a public venue, owners can be held liable if they fail to address dangerous conditions or warn visitors.
Employers and Companies: If an employee’s negligence causes an injury while performing job-related duties, the employer may be liable under vicarious liability. This is often seen in trucking or rideshare accidents, where companies like Uber or logistics firms may share responsibility.
Product Manufacturers: Defective or dangerous products can lead to significant injuries. In these cases, manufacturers, distributors, and even retailers may be liable under Florida’s product liability laws for failing to provide safe products or adequate warnings.
Government Entities: Local governments can be held accountable for injuries caused by poorly maintained roads, faulty traffic signals, or other infrastructure hazards. Claims against government entities in Florida are subject to specific rules and limitations.
Florida law, governed ensures injured parties have legal avenues to hold negligent actors accountable. Identifying liable parties often requires thorough investigation and legal expertise.
To learn more about liability in personal injury claims, contact our experienced Pompano Beach personal injury lawyers today.
Proving liability in a personal injury lawsuit in Pompano Beach requires demonstrating that the defendant’s negligence directly caused the plaintiff’s injuries. This process involves several key elements:
The first step in proving liability is showing that the defendant owed the plaintiff a duty of care. A duty of care is a legal obligation to act reasonably to prevent harm to others. For example, drivers owe a duty to operate their vehicles responsibly, property owners must maintain safe premises, and manufacturers are obligated to provide safe products. Without establishing this foundational element, a claim cannot move forward.
Once a duty of care is established, the plaintiff must show that the defendant breached this duty. A breach can involve reckless behavior, negligence, or failure to take reasonable precautions. For instance, a driver texting while driving or a manufacturer releasing a product with a dangerous defect constitutes a breach of duty. Evidence such as surveillance footage, accident reconstructions, or expert testimony is crucial here.
It must then be proven that the breach of duty caused the plaintiff’s injuries. This step often requires linking the defendant’s actions directly to the harm suffered. For example, in a slip-and-fall case, the plaintiff must prove that the hazardous condition directly caused their injury.
Lastly, the plaintiff must quantify the harm they suffered. This includes medical expenses, lost wages, pain and suffering, and other losses.
Florida’s comparative negligence laws significantly influence how personal injury claims are handled, mainly when more than one party shares fault. Governed by Section 768.81 of the Florida Statutes, the state follows a modified comparative negligence standard with a 50% bar rule as of March 2023.
Under this system, an injured party can seek compensation if their share of fault does not exceed 50%. For instance, if a plaintiff is found 30% at fault for an accident, their recoverable damages are reduced by that percentage. However, if their fault reaches or exceeds 51%, they are barred from receiving compensation entirely.
This standard emphasizes fairness by assigning responsibility proportional to each party’s contribution to the accident. For example, if a driver injured in a car accident was speeding but another driver ran a red light, a jury might allocate partial fault to both drivers.
The comparative negligence rule adds complexity to personal injury litigation. Defendants often argue that the plaintiff’s negligence caused the injuries, as the defense bears the burden of proving comparative fault. This requires substantial evidence, such as accident reconstructions or witness testimony.
Understanding the comparative negligence standard is essential for plaintiffs when pursuing compensation. Even partial fault doesn’t preclude recovery but reduces the amount awarded. Hiring an experienced attorney ensures that fault is accurately allocated and the plaintiff’s right to recover damages is protected.
Florida’s designation as a “no-fault” state directly impacts how motor vehicle accident claims are handled. Under this system, drivers must carry Personal Injury Protection (PIP) insurance, which covers medical expenses and certain financial losses regardless of who caused the accident.
PIP insurance ensures that accident victims can access immediate medical care and financial support without needing to establish fault or engage in lengthy litigation. Florida law mandates that all drivers carry a minimum of $10,000 in PIP coverage. This insurance typically covers:
While PIP provides a safety net, it doesn’t cover all damages. For instance, pain and suffering or damages exceeding policy limits are not included. Additionally, PIP only applies to injuries considered non-serious.
In cases where injuries are deemed serious under Florida law—such as significant disfigurement, loss of bodily function, or death—the injured party may pursue a personal injury lawsuit against the at-fault driver. This allows them to seek compensation for non-economic damages like pain and suffering or extensive financial losses.
Understanding Florida’s no-fault laws is crucial for navigating accident claims and determining whether additional legal action is warranted. An experienced attorney can help injured parties explore their options beyond PIP coverage.
After an accident caused by someone else’s negligence, you may wonder if hiring an attorney is necessary. While Florida law doesn’t require legal representation, working with an attorney in certain situations can significantly impact the outcome of your case.
If your injuries are severe or require prolonged recovery, you need an advocate who understands how to calculate the full extent of your damages. Insurance companies often push for quick settlements, but these offers rarely account for long-term medical expenses or future lost income. A skilled legal representative will ensure you don’t settle for less than your claim is worth.
Determining who’s at fault isn’t always straightforward. If the responsible party disputes their liability, proving negligence becomes more complex. An experienced lawyer can gather evidence, consult experts, and build a strong case to establish who was at fault.
Insurance adjusters are skilled at minimizing payouts. They may deny your claim, delay processing, or offer a lowball settlement. A skilled attorney knows these tactics and can negotiate aggressively to secure fair compensation.
Personal injury cases involve strict deadlines, detailed paperwork, and complex legal procedures. Missing a filing deadline or making a procedural error can jeopardize your claim. Hiring an attorney ensures your case is handled correctly and on time.
If you’re injured in Pompano Beach, consulting with a knowledgeable attorney specializing in personal injury law is often the best way to protect your rights and pursue the compensation you deserve.
When you settle a personal injury claim in Pompano Beach, the process involves negotiating an agreement with the at-fault party or their insurance company to compensate you for your damages. Settlements are designed to provide financial relief without prolonged court proceedings. Here’s what you can expect from the process:
After filing your claim, you or your attorney will negotiate with the insurance company. The goal is to agree on a fair amount that covers your medical expenses, lost wages, property damage, and non-economic losses such as pain and suffering. Insurance adjusters often start with low offers, but an experienced lawyer can counteract these tactics and secure a more favorable settlement.
You’ll sign a release form once both parties agree on the settlement amount. This document waives your right to pursue additional compensation related to the claim in the future, so ensuring the settlement amount accounts for all current and future damages is crucial.
In Florida, personal injury settlements are typically paid in a lump sum or through structured payments over time. The insurance company will send the payment to your attorney, who will deduct any legal fees, outstanding medical bills, or liens before forwarding the remaining amount to you.
Understanding how settlements work ensures you can make informed decisions about your claim. Involving a skilled Pompano Beach personal injury attorney helps you navigate this process, avoid pitfalls, and maximize your compensation.
Pompano Beach, Florida, offers several excellent resources for recovery and rehabilitation following an injury.
These trusted facilities are key resources for those recovering from injuries in Pompano Beach.
At Schilling & Silvers Personal Injury & Car Accident Lawyers, we are committed to providing experienced legal representation to those injured in Pompano Beach. With years of expertise in personal injury law, we understand the challenges that accident victims face, and we work tirelessly to ensure they receive the compensation they deserve.
Whether you’ve been involved in a car accident, slipped and fallen, or experienced a workplace injury, our team is equipped to handle many personal injury cases.
We offer personalized, compassionate service, guiding you through each step of the legal process. Our client-centered approach ensures your needs are at the forefront of our efforts. We know how insurance companies operate and are dedicated to fighting for your rights.
Contact us today for a free consultation if you’ve been injured. Let us help you get the justice you deserve.
In addition to Pompano Beach, our legal team also serves Fort Lauderdale, Davie, Coral Springs, Plantation, Hialeah, Miami Gardens, and more.
Our Personal Injury Law Offices
Fort Lauderdale Office
1700 NW 64th St Suite 460
Fort Lauderdale, FL 33309
(954) 712-8877
Hialeah, FL Office
2300 W 84th St Ste 213
Hialeah, FL 33016
(954) 712-8877
