Boca Raton Personal Injury Lawyer
Injuries of all types happen every day and may be caused by a variety of factors. However, when they occur as a direct result of another person or entity not acting in the way they should, the injuries can be harder to accept and possibly even more painful.
In these types of situations, the reckless individuals that caused the injury should be held accountable—and the dedicated personal injury attorneys at Kogan & DiSalvo could help you do just that. Our experienced Boca Raton personal injury lawyers could work to hold negligent parties liable for their actions in court and pursue fair compensation for all your injuries.
Common Personal Injury Actions in Boca Raton
Personal injury is a broad term that covers many types of cases. Therefore, there are many different types of incidents that may result in valid civil claims. Some common events that may lead to a viable personal injury claim include:
- Auto and motorcycle wrecks
- Slip and fall accidents
- Boating and other recreational accidents
- Bicycle collisions
- Medical malpractice
- Workplace injuries
- Semi-Truck Crashes
The skilled attorneys at Kogan & DiSalvo could review a person’s case and determine if they have a viable personal injury claim based on the cause of their accident in Boca Raton.
Key Elements of an Injury Case
Those who are injured in seemingly preventable accidents may wonder if they have a valid personal injury case. Certain elements of negligence must be present for an accident in Boca Raton to serve as grounds for a civil claim that has a chance of winning compensation in court.
The first element of legal negligence is the allegedly negligent party having a duty of care to the injured person. For example, a driver must follow the rules of the road and act prudently while driving, and a property owner has a duty to keep their property in safe condition for visitors.
Next, the other party must have somehow breached their duty—for instance, by texting while driving or failing to ensure safe conditions for visitors. However, a breach of duty alone is not a valid reason for a lawsuit. The plaintiff must also have suffered injuries, the proximate cause of which must have been the other party’s breach of duty.
Finally, the injury must have led to compensable damages. These could be monetary damages such as lost income or medical bills, or they could be non-economic damages such as mental anguish or pain and suffering. For more information about negligence and how it applies to their case, it is best to speak to our knowledgeable personal injury lawyers in Boca Raton.
Comparative Negligence in a Civil Claim
State law adheres to a comparative negligence rule in personal injury cases. This means that the court must evaluate the actions of each party and apportion the responsibility for the incident appropriately. This means that the claimant could be partially at fault for their injuries. In this situation, a claimant may only be able to receive a portion of their total damages up to their percentage of fault. For example, if an injured claimant is 25 percent at fault for their injuries, they may only recover 75 percent of their total damages.
Compensable Damages in a Personal Injury Lawsuit
The damages that result from a personal injury can range from medical bills to permanent physical disablement. Claims resulting from an accident seek financial compensation for these and other types of directly related losses. To obtain this compensation, a trier of fact would award compensatory damages. Any direct loss that has a monetary amount is considered compensable under Florida Statute §768.81, even those that are foreseeable into the future. A lawyer in Boca Raton could address any questions someone may have regarding whether any particular loss is recoverable in their personal injury lawsuit.
When to File a Personal Injury Case
If a personal injury case is not filed within the time frame provided by the law, a plaintiff may forever lose the opportunity to recover their damages. Also, the longer a potential plaintiff waits to file a claim, the more likely it is that evidence may not be well-preserved or may even be lost. In Florida, individuals generally have four years from the date of the accident to file their claim.
Potential plaintiffs should retain legal counsel as soon as possible to ensure their case is filed on time and understand how the statute of limitations applies in their case.
Talk to a Seasoned Boca Raton Personal Injury Attorney Today
Even if you are not sure if you have a personal injury case, it may help to speak to the legal team at Kogan & DiSalvo about the details of your accident and subsequent injuries. Receiving a case evaluation and learning about your legal rights and options could be beneficial for your financial future and your peace of mind. Get in touch with our Boca Raton personal injury lawyers today to find out more. Call today to schedule a free consultation.