Throughout Palm Beach County there are over 2,000 motor vehicle accidents per month causing over 200 deaths per year. A Boca Raton car accident victim may suffer serious physical injuries and psychological trauma that can take years to fully heal. Beyond addressing physical injuries and psychological trauma in the aftermath of a car accident, the question whether to enlist the services of a Boca Raton car accident lawyer becomes crucial.
If you suffered injuries in a preventable Boca Raton car accident, or a family member was fatally injured in one, the responsible party may be required to compensate you for your injuries or loss. As an injured victim, your focus following a car accident should be on the medical care you need to heal your injuries, not on trying to navigate the legal intricacies involved in the accident. Let an experienced Boca Raton car accident lawyer at Demand the Limits review the facts and circumstances and assess the legal viability of your case. To better understand why you should contact a Boca Raton car accident lawyer, however, it helps to have a fundamental understanding of the law as it applies to a victim’s eligibility for compensation following a car accident. If another party (or parties) is liable for your injuries, a Bota Raton car accident lawyer at Demand the Limits will pursue that party on your behalf to secure compensation for all your injuries.
How Do I Know If I Am Eligible for Compensation for a Boca Raton Car Accident?
When another party caused or contributed to a car accident, the law allows injured victims and surviving family members to pursue compensation from that party for the resulting injuries or loss. In a Boca Raton car accident, an injured victim must prove “negligence” on the part of another party to be eligible for compensation. To prove negligence, you must prove the following elements:
- The defendant owed a legal duty of care to the victim.
- The defendant breached that duty of care.
- The victim suffered injuries or loss because of that breach of duty.
- Damages (injuries)
In the context of a Boca Raton car accident, the duty of care owed by one motorist to others on the roadway is firmly established under the law. Consequently, the right to compensation typically hinges on an injured victim’s ability to prove that the defendant breached the duty of care causing injuries to the victim. While an endless array of conduct on behalf of a motorist can amount to a breach of the duty of care owed to others on the roadway, some common examples include texting while driving, speeding, driving under the influence or while fatigued, and aggressive driving.
Florida’s comparative fault law may also apply to a Boca Raton car accident, further confusing an injured victim. Although fault for a car accident can be entirely attributed to one party, it is often the case that more than one party contributed to the cause of an accident. Sometimes, an injured victim even shares fault in a car accident. Florida’s comparative fault law entitles an injured victim to pursue compensation if their share of the fault is less than 50 percent; however, the compensation you receive will be adjusted in direct relation to your share of the fault. For example, imagine that you were involved in a Boca Raton car accident involving three vehicles, and you suffered $250,000 worth of damages. Ultimately, it is determined that you were 10 percent at fault in the accident. Your compensation would be adjusted to reflect your share of the fault ($25,000), leaving you with $225,000 in compensation paid by the other two drivers in proportion to their share of the fault.
Will Florida’s No-Fault Insurance Law Impact My Boca Raton Car Accident Case?
Like many other states, Florida has a “no-fault” insurance law that requires all drivers to carry a minimum of $10,000 in Personal Injury Protection (PIP) insurance that covers medical bills and lost wages up to $10,000 without regard to who was at fault in a car accident. While PIP insurance provides a quick way for injured victims to receive medical coverage and compensation for minor accidents, PIP insurance only covers 80 percent of your medical bills, 60 percent of lost wages, and does not provide any compensation for non-economic damages, such as pain and suffering.
To leave the no-fault insurance system and pursue compensation through a traditional personal injury lawsuit, a victim must meet the “serious injury” threshold established by Florida law, meaning you must have suffered one of the following:
- Significant and permanent loss of an important bodily function.
- Permanent injury within a reasonable degree of medical probability.
- Significant and permanent scarring or disfigurement.
Do not settle for less compensation than that to which you are entitled. If you are unsure whether your injuries qualify under the Florida “serious injury” test, allow an experienced Boca Raton car accident lawyer to review the facts of the accident and the extent of your injuries to determine your legal options.
Do I Need a Boca Raton Car Accident Lawyer?
After your physical injuries have been stabilized, and you’ve had a moment to collect yourself post-accident, the question whether to enlist a Boca Raton car accident lawyer may arise. To help you make this decision, it’s beneficial to consider some common factors indicating the need for legal representation, including:
- Injuries: Your own Personal Injury Protection (PIP) insurance should suffice for compensation if you only suffered minor injuries that are expected to heal quickly. If, however, the accident resulted in multiple or severe injuries, consulting a Boca Raton car accident lawyer is advisable and if you are uncertain whether your injuries meet the “serious injury” threshold, seeking legal advice ensures that your right to compensation is protected.
- Negligence: Establishing that another party’s negligence caused or contributed to the collision is essential to be eligible for compensation even if you suffered severe injuries. In situations where fault is disputed or the opposing party disagrees with your percentage of fault, having an experienced Boca Raton car accident lawyer becomes crucial.
- Complexity: Some car accidents involve complex facts and circumstances, such as multiple vehicles or roadway conditions contributing to the incident. Determining liability in these cases is more intricate. When faced with such complexities, having a skilled lawyer by your side is the key to receiving full and fair compensation.
Get Help from an Experienced Boca Raton Car Accident Lawyer
As an injured victim or surviving family member of a Boca Raton car accident, you may be legally entitled to compensation for your physical and psychological injuries or your loss. An experienced Boca Raton car accident lawyer at Demand the Limits can help ensure that the responsible party (or parties) is held accountable and that you are justly compensated for all your injuries or loss.
At Demand the Limits, we are committed to aggressively pursuing personal injury accident cases. Our experienced Boca Raton car accident lawyers have extensive experience with all types of car accident cases. We fight hard to defend the legal rights of all Boca Raton injury victims. Call (561) 600-3555 or contact us online to schedule your free case evaluation. Don’t delay – the sooner you have an attorney fighting for you, the better protected your legal rights will be.