People who have been hurt in a devastating accident in Port St. Lucie or other nearby areas may need a knowledgeable injury lawyer with the experience and dedication to assist them in aggressively pursuing the full amount of compensation to which they may be legally entitled. With offices in Stuart and West Palm Beach, the compassionate attorneys at Donaldson & Weston can guide your family through the process, easing the burden that a serious injury or wrongful death can bring, and allowing you to focus on getting your life back on track. We proudly serve clients throughout Martin, St. Lucie, and Palm Beach Counties.
Because of our commitment to excellence, our firm enjoys a strong record of getting results for our clients. In addition to decades of combined experience, we have received many honors and accolades in the legal field. Attorney Scott Donaldson has been included in the National Trial Lawyers Association list of the “Top 100 Trial Lawyers in Florida” and the National Academy of Personal Injury Attorneys list of the “Top 10 Personal Injury Attorneys in Florida.” Attorney Dante Weston is a member of the Million Dollar Advocates Forum and has been recognized by Super Lawyers for excellence in general personal injury law.Asserting Your Rights through a Negligence Claim
Car accident cases and other personal injury claims fall under an area of civil law known as negligence claims. In most ordinary contexts, a person is said to be negligent when he or she fails to act in the way that a reasonably prudent person would have acted under similar circumstances. This may mean that a person, business, or governmental entity did something that should not have been done, such as a motorist running a red light, or it can mean that something was not done that should have been done, like a storeowner periodically inspecting its premises for potentially dangerous conditions.
To prove a negligence case, an injured person must prove four main elements. The party against whom he or she seeks to recover must have owed him or her a legal duty of care, the defendant must have breached that duty, there must have been a causal link between the breach of duty and the accident, and the plaintiff must have suffered actual damages. These elements of negligence must be proven by a preponderance of the evidence, which simply means that the injured person’s version of the facts is more plausible than the defendant’s version.
In some cases, there may be multiple defendants. For instance, if two or more parties were negligent in causing a car accident, each can potentially be held liable, at least for the percentage of fault that each contributed to the accident. Likewise, the doctrine of pure comparative fault can operate to limit an injured person’s recovery in situations in which he or she was partially at fault in causing an accident. If the happens, the injured person’s award of damages, which may include medical expenses, lost wages, pain and suffering, and other losses, is reduced in proportion to his or her percentage of fault.
It is important to note that there is a statute of limitations that sets forth the time period during which an injured person or the family of someone killed in an accident may file a claim. Although many cases are settled prior to filing a formal lawsuit, it important to be mindful of the limitations period because failing to file suit in a timely fashion usually bars recovery, regardless of the merits of a claim. Generally speaking, wrongful death claimants have two years to file suit in Florida, while car accident and other personal injury litigants have four years to file their cases. However, it is very important to speak to an accident attorney as soon as possible to confirm the statute of limitations for a particular accident because each case is unique, and other rules may apply.Seek Legal Guidance When Pursuing Compensation in the Port St. Lucie Area
At Donaldson & Weston, we have spent many years building our reputation as trial lawyers skilled in car accident cases and other negligence claims in and around Port St. Lucie. Our attorneys only handle cases involving injured people, allowing us to hone and develop our litigation skills to better serve our clients. To schedule a no-cost, risk-free appointment to discuss your case, call us at (772) 266-5555 or contact us online. We also represent accident victims in cities including Stuart, West Palm Beach, Jensen Beach, and Royal Palm Beach.
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