West Palm Beach Car Accident Lawyer
Car accident rates in Palm Beach County have been climbing every year since 2011, sometimes by ten percent of more, and in some years much, much higher. In 2016, there were over 27,000 car accidents in Palm Beach County, and nearly 400,000 crashes in Florida statewide. Almost all car accidents are preventable, but they occur because one driver was not paying proper attention to the road or driving with reasonable care. The leading causes of Florida car accidents include speeding, drunk driving, inattention and distracted driving from activities such as texting while driving.
Negligent drivers should be held accountable for the damages they cause to other drivers. Florida’s no-fault insurance law makes it relatively easy to recover a small amount of compensation without having to prove fault, but obtaining more substantial compensation to deal with a serious injury is not so simple. The West Palm Beach car accident lawyers at Pincus & Currier pursue civil claims against negligent drivers and use their litigation skills and experience to achieve significant settlements or jury verdicts on behalf of their clients. Learn more about Florida car accident insurance laws below, and call Pincus & Currier for a free consultation if you have been injured by a negligent or distracted driver.
Florida no-fault claims and the serious injury threshold
After an accident, making a claim under your Personal Injury Protection (PIP) coverage enables you to recover up to 80% of your medical expenses and 60% of your lost income, to a total of $10,000 altogether. You don’t have to prove another driver was at fault in order to receive PIP benefits, but as you can see, they do not fully compensate you. Furthermore, this level of benefits is only available if you sought treatment for an emergency medical condition within 14 days of the accident. If not, your PIP claim will be capped at $2,500.
However, if your injuries qualify as a “serious injury” under the Florida no-fault law, then you will be allowed to pursue a claim for the full amount of your damages. This includes not only the full amount of your medical expenses and lost income, but also damages such as pain and suffering traditionally awarded in a personal injury lawsuit. A serious injury that will take you out of the no-fault system includes any of the following:
- a significant and permanent loss of an important bodily function,
- a significant and permanent scarring or disfigurement, or
- a permanent injury within a reasonable degree of medical probability
How our Palm Beach personal injury attorneys can help
If pursuing a negligence claim against the at-fault driver, the burden is on you as the injured victim to prove all the elements of your case, including the other driver’s fault in causing the accident and your injuries, and the nature and extent of your injuries. At the same time, you must guard against defense allegations that your injuries are exaggerated or were caused in some other way, or that your own negligence is responsible for the accident. Our experienced courtroom litigators know how to prepare and present a strong and persuasive case to prove the facts of your claim. Our experienced negotiators will marshal the facts needed to support a fair and reasonable settlement, but if one cannot be reached, we are prepared to litigate your matter all the way to a jury verdict in Palm Beach County or other Florida courts.
Call Pincus & Currier for Help after a Serious West Palm Beach Car Accident
If you have been injured in a car accident in West Palm Beach or surrounding areas, call Pincus & Currier at 561-868-1340 for a free consultation about your potential claims. We accept personal injury cases on a contingency basis, meaning we will not charge any fee unless and until we recover compensation for you.