Boca Raton Personal Injury and Accident FAQs

Below are some of the most common initial questions our clients have about their personal injury or accident cases. We are always adding new questions as they arise, so we may not address your particular issue.

If you have a question that’s unique to your car accident, truck accident, or medical malpractice case, you can request a free consultation by calling us directly at (561)372-3800 or by submitting the confidential form below. 

Car Accidents

In July 2019, Florida passed The Wireless Communications While Driving Law (Florida Statutes 316.305), which made “texting” (e.g. text messaging, emails, and social media apps) while driving a primary traffic offense.

Not only will having fewer distracted drivers make Florida’s roads safer for everyone, but the new texting and driving law will also affect negligence and liability assignments in car and motor vehicle accident claims.

Florida’s Comparative Liability Standard

In some cases, determining driver fault and negligence is clear-cut. But more often, it isn’t so simple. Drivers should know that Florida operates according to the principle of comparative liability. Under the comparative liability system, both parties in the accident essentially share fault. For example, if one driver makes an aggressive left turn in front of an oncoming driver who was speeding, there will be a discussion of what percentage of the fault to assign to each driver. These percentages of fault will directly determine the amount of damages recoverable by each party.

As such, shifting the liability onto the other driver is important to increase the amount of compensation you can recover. To do that, though, you must prove the defendant acted in a negligent manner. A personal injury attorney can benefit you by marshalling facts to prove that you bear a smaller percentage of fault (i.e. less comparative liability) and deserve a larger percentage of compensation.

Proof of Negligence

In particular, the new texting and driving law includes a provision (F.S. §316.305(3)(d)) stating that cell phone billing records can be used as evidence to show that the driver violated the new law in the event of an accident that results in death or personal injury. This provides your personal injury lawyer with another tool to prove the other party’s liability in your car accident case.

Navigating the Florida liability laws and assigning negligence in a car accident can be tricky. Hiring a personal injury lawyer to handle your case is a sensible move because they are experienced in negotiating with insurance companies and—importantly—in building legal cases.

The Personal Injury & Accident Law Center offers free case evaluations for car accident victims so you can feel confident that you’re getting the legal counsel you deserve. You can call us at (561)372-3800 or fill out the confidential form below to speak a team member about your car accident case.

In July 2019, Florida passed The Wireless Communications While Driving Law (Florida Statutes 316.305), which made texting while driving a primary traffic offense. This new law allows law enforcement officers to pull over and ticket drivers specifically for texting while behind the wheel. Previously, drivers could only be ticketed for texting if they were pulled over for another violation first, e.g. speeding.

The primary reason for the new law is combat distracted driving. In fact, a 2016 study ranked Florida as the second worst state for distracted driving. That same year distracted drivers in Florida caused nearly 50,000 accidents, 233 of which resulted in death.

Because texting requires visual, manual, and cognitive distraction, reducing such distractions will:

  • Increase the safety of all drivers, passengers, bicyclists, pedestrians, and other people using the roads.
  • Decrease the injuries, deaths, property damage, medical costs, and insurance rate increases that result from car and truck accidents.

The new law specifically prohibits operating a motor vehicle while “manually typing or entering multiple letters, numbers, symbols or other characters into a wireless communications device.” So, “texting” includes email, Twitter, Instagram, and other social media apps.

However, the new law does not apply in two important situations. First, devices used for navigation are exempt from the law, both smartphones and built-in navigation systems. Second, drivers are allowed to text while vehicles are “stationary,” which includes being stopped red lights or stop signs.

If you’ve been in a car accident caused by a distracted driver, it is still a sensible move to hire a personal injury lawyer to handle your case. A personal injury attorney can benefit you by proving that you bear a smaller percentage of fault and deserve a larger percentage of compensation. You can call us at (561)372-3800 or fill out the confidential form below to speak a team member about your car accident case.

Yes. You have nothing to lose by seeing a doctor after a car accident and everything to gain.

Health Risks

First, one of the biggest mistakes car accident victims make after an accident is self-diagnosing headaches, blurred vision, and other problems as stress induced. Dealing with insurance companies, police reports, and car repairs is enough to make anyone feel run down, but sometimes these various aches and pains are signs of more serious injuries. You could have a traumatic brain injury, spinal injury, or even internal bleeding that self-diagnosis will miss.

Legal Risks

Second, from a legal standpoint, Florida has specific laws that govern how long car accident victims have to seek medical care after an accident, if those injuries are to be covered by an insurance policy.

Under Florida’s personal injury protection (PIP) law (Florida Statute 627.736), you have 14 days to see a doctor after an accident if you want to receive compensation for your medical expenses or other damages. If you do not get medical treatment for your car accident injuries within the 14-day window, the insurance company may deny your accident claim.

Additionally, if you plan on filing a lawsuit against the at-fault driver in the accident, medical records detailing your injuries, diagnosis, treatment regimen, and medical costs will act as some of the most important forms of evidence in your injury case. All of this will have a significant impact on your ability to collect compensation.

Once you’ve seen a medical professional about your car accident injuries, you should contact a personal injury lawyer to discuss the next steps. Seeking legal representation for personal injury claims can help ensure you recover the maximum amount of compensation.

The Personal Injury & Accident Law Center offers free case evaluations for car accident victims so you can feel confident that you’re getting the legal counsel you deserve. You can call us at (561)372-3800 or fill out the confidential form below to speak a team member about your car accident case.

If you or a family member have been injured in a car accident that was caused by a negligent driver, Florida law states that you may be able to seek financial compensation from the at-fault party. However, an injured party must file a personal injury lawsuit within a specific time frame or their right to file the injury claim “expires.”

These expiration dates are known as “statutes of limitations,” and it’s critical that you be aware of what time limitations apply to your particular case and take the right steps at the right time to successfully recover the compensation you deserve. Failing to file your lawsuit on time could result in your injury claim being rejected by a judge, regardless of the proof you have.

In general, the Florida statute of limitations for car, truck, and motorcycle accident cases is four years from the date of the accident. However, wrongful death plaintiffs only have two years to file a lawsuit in Florida, including accidental deaths due to car, truck, and motorcycle crashes. Because the stakes are so high, it is always in your best interest to speak to a qualified personal injury and accident lawyer as soon as possible.

Your window to get compensated for your losses is closing. Call us at (561)372-3800 to schedule a free consultation with one of our personal injury attorneys.

Personal Injury

Attorneys have the option to use three primary fee arrangements: hourly rate, fixed fee, and contingency fee. The first two fee arrangements require the client to pay money to the attorney either up front (fixed fee) or on an ongoing basis (hourly rate).

Most personal injury attorneys, however, including the Personal Injury & Accident Law Center, exclusively bill on a contingency fee basis. Basically, this means that our clients are not charged attorneys’ fees unless they recover money—either from a settlement, judgment, or jury verdict. The contingency fee arrangement benefits injured clients by removing the financial barrier to bringing a personal injury lawsuit, which could disincentivize some seriously injured parties from seeking the legal help and monetary recovery they deserve.

Contingency Fee Amounts

The Florida Bar Rules of Professional Conduct has policies limiting the size and scope of contingency fees. That being said, the contingency fees charged by most personal injury lawyers are:

  • 33.3% for cases that settle before a lawsuit is filed
  • 40% for cases after a lawsuit is filed.

Because attorneys’ fees are contingent on your recovery, your personal injury lawyer has a tremendous incentive to work hard on your case and obtain a favorable settlement or jury verdict. Costs may still be owed, however, which could include filing fees, court costs, and administrative expenses that were incurred.

If 30–40% seems high, remember that you will not be involved in the majority of the work required to investigate, prepare, negotiate, and manage your case. According to a 2013 study by the Court Statistics Project, attorneys devoted 196 hours to an average car accident case and 472 hours to an average professional malpractice case. (If lawyers were to charge an hourly billing rate, let’s say $300, that 196 hours would cost a client $58,000!)

This is why we offer free case evaluations to potential clients. It’s essential that we review the general aspects of your case and discuss your legal options up front.

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