West Palm Beach
Accidents such as car and truck crashes account for many injuries and deaths in the West Palm Beach area each year. Knowing your legal rights and hiring an experienced attorney who can help you assert them can make a big difference, should you find yourself among those who have been hurt by a negligent or reckless person or entity. The West Palm Beach injury lawyers at Donaldson & Weston can advise you about your legal rights and vigorously advocate for you throughout settlement negotiations and at trial.Pursuing Damages after a Devastating Accident
Although they are called “accidents,” most motor vehicle collisions and slip and fall incidents happen because someone was at fault. Speeding, drinking and driving, and distracted driving involving texting and cellphone use are all common causes of car accidents, for example. Proving negligence in an accident case requires the plaintiff to show, by a preponderance of the evidence, each of the following four elements:
- The defendant owed the plaintiff a duty of care;
- The defendant breached the duty;
- The defendant’s breach of duty was the proximate cause of the accident; and
- The plaintiff incurred damages that are reasonably quantifiable.
If the plaintiff’s burden of proving his or her case has been satisfied, the next inquiry is the amount of damages that may be appropriate to compensate him or her for the losses – both pecuniary and nonpecuniary – that resulted from the accident. This may include items such as past and future medical expenses, lost wages, loss of future earning capacity, pain and suffering, and loss of spousal consortium. If the accident was tragically fatal, the family of the deceased victim may be able to file a wrongful death claim, seeking compensation for medical expenses, lost net earnings to the estate, funeral and burial expenses, and other damages.
Whether your potential claim arises from a truck accident, a fall at a retail store, or another event, it must be asserted in a timely fashion. There are two reasons for this. First, the Florida statute of limitations sets an outer time limit for filing suit in personal injury and wrongful death cases. In some situations, there may also be other procedural rules, such as a written notice requirement or a statute of repose, with which you must comply. Secondly, it is important to seek counsel promptly so that you – and not just the defendant, through his or her insurance company – are represented during the critically important time period when evidence can easily be lost or misconstrued.Contact an Experienced Injury Lawyer in West Palm Beach
If you or a family member has been hurt because someone else was negligent, you should not have to suffer the physical, emotional, and financial consequences on your own. A car accident attorney or a premises liability lawyer may play a critical role in helping you seek maximum compensation for the injuries that you have suffered. The West Palm Beach injury attorneys at Donaldson & Weston can assist you with investigating, negotiating, and litigating your claim against a person, business, or governmental entity whose negligence caused you harm. We offer a free consultation, during which we will review your accident report, medical bills, and any other information that you can provide. To schedule an appointment, call us at either (772) 266-5555 or (561) 299-3999, or contact us online.