A lawyer from the Law Offices of Anidjar & Levine can help you recover the compensation you deserve to cover the damages related to your West Palm Beach car accident. We are ready to work with you regarding your or your loved one’s injuries. Our attorneys will pursue the compensation you need and deserve on your behalf. We can:
- File your PIP (personal injury protection) claim
- File a fault-based liability claim
- Take your case to trial and represent you every step of the way
You worry about getting better. We take care of everything else.
For a free legal consultation with a car accidents lawyer serving West Palm Beach, call (800) 747-3733
What Damages Can I Collect for a Car Accident?
After a car accident, you are likely dealing with medical expenses for all the surgeries, medications, therapy, and other medical treatments you have undergone for your injuries. In addition to medical costs, you may be losing money due to your inability to work during recovery. In some cases, accident victims are physically or mentally unable to return to their previous jobs and earn their previous salary.
The damages from a car accident that you recover from your insurer and the other driver in your accident can cover all of these expenses and more. Some potential damages recoverable in a West Palm Beach car accident case include:
- Past medical care costs and related expenses
- Future necessary medical care related to the accident and your injuries
- Ongoing care costs, including therapy and rehabilitation, in-home care, assisted living care, or nursing home placement
- Past and future lost wages if you cannot yet return to work
- Diminished earning capacity if you cannot return to your previous job because of your injuries and lasting impairments
- Out-of-pocket costs related to your accident and injuries
- Pain and suffering and other non-economic (non-monetary) losses
- Wrongful death damages (such as burial or funeral expenses or final medical bills) if a member of your immediate family passed away in a car accident in West Palm Beach
How We Prove Damages from Your Accident
To prove your monetary damages from your accident in West Palm Beach, we will collect your medical bills and receipts, as well as any documentation of assistive devices or caregiver services you now require. Your lawyer will also look at your employment records and pay stubs to show how much income you have missed out on as a result of your injury.
We may also turn to experts who often deal with car accidents. These individuals can estimate the amount of medical care you will need to pay for in the future and the overall impact your West Palm Beach auto accident will have on your career.
We Figure out the Value of Your Non-Monetary Losses, Too
They also can help us determine how much your non-monetary losses have affected you, such as the pain and suffering you have endured or if you now have a disability as a result of the accident. It can be challenging to prove damages that do not have an established dollar value, but we can help you calculate those accurately.
We will add the value of your monetary and non-monetary damages together to get a dollar figure for your case. This is the amount you can seek compensation for from the party who caused your accident. It is important to have this number in mind so that you will know how much your case is worth.
How PIP Coverage Could Affect Your Case for Damages
Our lawyers from the Law Offices of Anidjar & Levine can manage your West Palm Beach car accident case and help you pursue the compensation available to you under Florida law. Florida Statutes §627.730 sometimes limits how much you can pursue. However, there are exceptions to this rule.
In some cases, when your auto accident injuries are relatively minor, you may only be able to pursue damages based on your personal injury protection (PIP) policy. This policy is required by Florida Statutes §627.736, which covers medical care up to the limits of your policy and some of your lost wages.
If you suffer serious injuries due to truck or car accidents, the cost of treatment may quickly exceed the limits of your policy. When this happens, a West Palm car accident attorney from the Law Offices of Anidjar & Levine can work with you.
Pursuing Damages on Your Behalf After a West Palm Beach Car Accident
Once we identify the at-fault driver in your case and collect proof that their negligence caused your auto accident, we will file your personal injury auto accident claim with their insurer. This will give us the opportunity to attempt to negotiate a fair settlement agreement with the insurance company.
We can present the evidence of the damages that we gathered to the insurer. This will allow us to prove that you deserve the payout we request and to show the insurance company that we can file a lawsuit in civil court if necessary.
West Palm Beach Car Accidents Lawyer Near Me (800) 747-3733
Is It Worth Hiring a Car Accident Lawyer?
Hiring a lawyer to represent you in your West Palm Beach car accident case can protect your right to pursue compensation, as well as help you identify the full value of your accident-related losses and expenses. Their role becomes even more important if you qualify to file a fault-based claim and need to take legal action or if the insurance company accuses you of contributing to the accident.
Legal representation can deal with an insurance company for you. You may want to retain a lawyer to do this, as an insurer may try to minimize the amount they pay out to West Palm Beach car accident victims. They may also use your statements against you, claiming that you shared some of the fault for your car wreck.
How Our Legal Team Can Help Your Case
We know how to beat these and other tactics to get you the compensation you deserve—and we can inform you of these tactics during your free consultation. A lawyer in our West Palm Beach office can negotiate with the insurance company until we arrive at a fair settlement for you. If we are unable to come to an agreement, we can take your case to court and seek compensation for your car accident there.
If your West Palm Beach, FL, team needs to take legal action in your case, you can count on our team to:
- Go the extra mile to make sure that you have the support you need
- Stand by you or your loved one and fight for your best interests throughout the process
- Answer your questions and address your concerns every step of the way
- Present a strong case in court to prove negligence and liability
- Fight for a just award that covers your accident-related damages
- Charge you nothing out of pocket and only take our attorney’s fees after recovering a settlement or award on your behalf
Our Responsive Legal Care Starts with a Free Consultation
Our team offers all potential clients free case reviews. During this free consultation, we will:
- Discuss your accident and injuries
- Explain your rights
- Determine if you might meet an exception to the state’s no-fault laws
- Explain your legal options based on the facts of your case
If we believe you may be eligible to hold the other driver liable in a fault-based insurance claim or personal injury lawsuit, we can request copies of your medical records to be sure. Let our team go the extra mile for you. We can provide the responsive legal care you need to reduce the stress you face. Our team will:
- Protect your right to take legal action
- Keep you up to date about your case
- Build a case to prove negligence and liability
- Document your expenses and losses
You do not want to try to navigate a West Palm third-party liability claim on your own. The insurance company will do everything it can to reduce the value of your case and strip you of your right to recover compensation for your expenses and losses. With our team on your side, you worry about getting better. We take care of everything else.
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Will My Car Accident Lawyer Deal with the Insurance Companies for me?
Yes, your car accident lawyer will deal with the insurance companies, representing your best interests and fighting for the payout you deserve. This may include your own personal injury protection (PIP) insurance carrier as well as the other driver’s auto liability policy provider.
When we review your West Palm Beach car accident case and determine you are eligible to pursue compensation in a fault-based injury claim, we will go to work building a case against the at-fault motorist.
You Must File Your Case by Specific Deadlines
It is essential that you contact us as soon as possible after your auto accident. If we need to file a lawsuit, we have only four years from the date of the accident to do so. If you wish to file a wrongful death action, Florida law allows only two years from the decedent’s death date to do so.
The sooner we can start on your case, the more time we will have to develop a strong lawsuit for you. If there is not sufficient time to investigate your case and take legal action against the at-fault driver before time runs out, you could lose the right to file a personal injury lawsuit to recover compensation.
Proving the Other Driver’s Negligence is Important to Your Case
Before we file for damages, we will need to establish that the other driver in your accident was negligent behind the wheel. Florida motorists must behave responsibly and in accordance with the law when driving. Motorists who disobey traffic laws or otherwise act recklessly may be guilty of negligence. If we can prove the other driver was negligent, we can hold them liable for your accident-related injuries.
To prove negligence, we must establish the following:
- Duty of care: Since all drivers must act with care behind the wheel, courts will usually assume the other driver owed you a duty of care at the time of your car accident.
- Breach of duty: We will use traffic statutes, police reports, eyewitness testimony, photos or video surveillance of the scene, and accident reconstruction testimony to show the other driver violated the law in your case. We will collect as much evidence as necessary to prove that they behaved irresponsibly behind the wheel at the time of the accident.
- Causation: Next, we need to show that the other driver’s breach of duty led to your auto accident and resulting injuries. We may use expert testimony to prove how your accident occurred and can turn to medical professionals to explain what caused your (or your loved one’s) injuries.
- Damages: Finally, we will present medical records, pay stubs, and other documentation to show that you suffered real damages in your West Palm Beach car accident
With the evidence, we gather and the documentation of your expenses and losses, we can request a just payout from the other party. We will handle all communications with them and pursue an out-of-court settlement with the insurer that covers your damages.
A Trial is Possible if we can’t Settle with the other Party
If the other party refuses a fair settlement agreement, we may need to file a personal injury lawsuit and take the case to trial on your behalf. We will handle every step of this process.
You worry about getting better. We take care of everything else—including the insurance companies. Seek representation from a lawyer if you suffered from a car accident in West Palm Beach today.
Should I Hire a West Palm Beach Car Accident Lawyer for a Minor Accident?
We recommend having a car accident attorney on your side after a collision to protect your rights and pursue damages to the fullest extent allowed under the state’s no-fault laws. At the Law Offices of Anidjar & Levine, our attorneys in our West Palm Beach office can review your case for free and help you file your PIP claim or a third-party insurance claim.
Filing a No-fault Claim
Under Florida’s no-fault insurance laws, motorists who suffer injuries in an accident may receive compensation to pay their accident-related costs from their own personal injury protection (PIP) policy—no matter who caused the crash. That means after an auto accident, we would first turn to your own PIP policy for compensation.
In general, your PIP policy should provide:
- A portion of your medical care coverage up to set limits
- Coverage for a portion of your lost wages
In order to receive PIP payments after an auto accident in West Palm Beach, however, you must follow the state’s strict criteria. You must receive medical treatment within 14 days. If you do not have an emergency medical condition (EMC), you can only receive up to $2,500 in PIP benefits. However, if you receive an EMC diagnosis, you may recover up to $10,000.
Your West Palm lawyer will have knowledge regarding these statutes. We can file your claim for insurance coverage and make sure you recover a fair amount of PIP damages relevant to your case.
Filing a Fault-Based Claim
If you qualify for a fault-based claim, you may be able to recover additional damages that include:
- Future medical bills
- Ongoing care costs
- Diminished earning capacity
- Pain and suffering damages
We often get a good idea of whether prospective clients in West Palm Beach meet the serious injury threshold after car accidents during their free consultation. If we believe they do, we will offer to review their relevant medical records to confirm and pursue compensation through a third-party liability insurance claim or a lawsuit against the at-fault motorist.
What is the Average Settlement for a West Palm Beach Car Accident?
There is no way of predicting how much your West Palm Beach car accident settlement might be because so many factors can affect how much you recover. If you suffered relatively minor injuries, the Florida no-fault law will limit you to only file a claim based on your PIP policy.
This would generally lead to a much smaller settlement covering fewer types of damages than if you were eligible to hold the at-fault driver liable for their negligent actions through a third-party liability insurance claim or personal injury lawsuit.
How a PIP Policy Claim Differs from a Fault-Based Claim
A claim based on your PIP policy will only pay out up to the limits of your policy—or significantly less under some circumstances. Damages may include:
- Medical care costs based on your policy limits
- A portion of your lost wages
A fault-based claim, however, could allow you to recover a much wider range of economic losses and expenses, such as:
- Past and future medical bills
- Ongoing care costs
- Past and future lost income
- Out-of-pocket expenses
In addition, we calculate pain and suffering damages when we pursue fault-based compensation. This requires us to consider the monetary value of your non-economic losses. We will gather evidence and work with medical experts (and others) to prove the severity of your—or your loved one’s—injuries and how they affect your life today and in the future. Depending on the facts of your case, pain and suffering damages may be substantial.
Navigating Comparative Fault After an Accident
Comparative fault may affect your settlement, if:
- You may have contributed to causing the accident.
- Your injuries occurred in some other way besides the accident.
- You did not follow your doctor’s orders or otherwise did not do your best to fully recover from your injuries.
Understanding this is all a necessary part of building a West Palm personal injury case. After we have a good idea of fair value for your expenses and losses, we will pursue a just settlement by approaching the insurance company or taking other action to recover a payout.
Accident lawyers from our firm can often reach a settlement agreement that compensates our clients fairly for both their economic and non-economic losses when we file a third-party liability claim. Contact us at (561) 721-0080 to speak to the team at the Law Offices of Anidjar & Levine. A free consultation is waiting for you.
Can I Sue Someone Personally after a Car Accident?
Florida’s no-fault auto accident laws can make it more complicated to hold another motorist personally liable following an accident, but it is not impossible as long as you meet certain criteria. Our team will review your case and explain your legal options that could include:
- Filing a claim based on your PIP policy
- Filing a claim based on the at-fault driver’s auto liability policy
- Filing an injury lawsuit against the at-fault driver
Injuries must Exceed the Threshold to Recover Damages Beyond the PIP policy
Your PIP policy will cover medical expenses and lost wages, but what about non-economic damages like pain and suffering? In many cases, accident victims also file insurance claims with the at-fault driver’s insurance company to recover additional damages.
You are only able to file a claim for additional damages if your injuries exceed the serious injury threshold requirement, however. This means that your injuries—or those of your loved one—must involve:
- Permanent injury
- Significant loss of bodily function
- Permanent scarring or disfigurement
If your injuries meet these criteria, we can help you file for additional damages from the responsible driver. We can often give you a preliminary answer after your free case review with a member of our team. Then, we will request the relevant medical records to confirm.
Stepping Outside Florida’s No-Fault System
With evidence to show you exceed the state’s serious injury threshold, you become eligible to pursue fault-based claims or to sue the negligent driver personally. It is not always necessary to file an injury lawsuit to hold the at-fault motorist liable, though. We can often file a third-party liability insurance claim based on the at-fault motorist’s auto policy and negotiate an out-of-court settlement instead.
This process requires us to:
- Send a demand letter to the insurance company outlining your personal injury case and damages
- Respond to the counteroffer and enter into settlement negotiations
- Fight for a fair payout that covers your accident-related damages
- Reach a fair out-of-court settlement with the company or consider other options to recover the payout you deserve
If the insurance company refuses to offer a just settlement for your losses, we will not hesitate to take your case to court. In some cases, filing a lawsuit is enough to get the company to increase its offer and agree to a fair settlement.
In other cases, we will need to take your personal injury auto accident case in front of a judge and jury and ask them to award you compensation to cover your damages.
How Long Does a Car Accident Claim take to Settle?
Many factors affect how long it can take a West Palm Beach car accident case to settle. Some factors that may contribute to how long it takes to recover compensation in a car accident case include:
Obtaining Proof of Your Injuries
When we review a car accident case, we need to make sure the victim meets the state’s severe injury threshold as outlined in the Florida no-fault law. We can usually tell you if we believe you meet the criteria from the information you give us about your accident and your injuries.
However, we will need to obtain copies of your relevant medical records to confirm. We will request them from your care providers as soon as possible, but it can still take several weeks to receive them.
Gathering Evidence and Building a Case
We investigate every case we handle. This includes gathering evidence to prove the other driver acted negligently and is liable. We obtain copies of the accident report, survey the scene, interview witnesses, seek video of the accident if available, and call in experts to help us prove the case.
We also document your range of expenses and losses. In some cases, this may require us to wait until your injuries stabilize, and we have a better idea of your current care costs and future care needs. Medical expert witnesses can help us put a price on your ongoing and future care.
Negotiating with the Insurance Company
We can often reach an out-of-court settlement with the at-fault driver’s insurance provider in this type of case, but this requires us to negotiate a settlement on your behalf. How long this takes depends on the willingness of the company to provide a fair payout and many other factors.
Litigating Your Case If Necessary
Reaching a settlement agreement is almost always faster than taking a car accident case to trial, but that does not mean it is always the better option. If the insurance company refuses to agree to a fair settlement, we may need to litigate your case.
Filing a lawsuit puts us at the mercy of the court’s calendar, and it could take several months to a year or more before we get a verdict in your case. It is also important to note that Florida has a time limit on how long we have to file a lawsuit in this type of case, set by the statute of limitations.
In general, the deadline in a West Palm Beach car accident case is four years from the date of the accident, although various factors can extend or shorten this time limit.
Do you have to go to Court for a Car Accident?
You do not always need to go to court for a car accident. The Law Offices of Anidjar & Levine can represent you through the entire course of your case, including through litigation, if it becomes necessary.
In general, there are three ways a case can play out after a West Palm Beach car accident:
- You suffered relatively minor injuries and can only pursue compensation through your PIP policy, recovering medical treatment costs and lost wages up to the limits allowed by law; or
- You meet the serious injury threshold and file a fault-based insurance claim based on the negligent driver’s liability automobile insurance coverage; or
- The at-fault driver’s insurer refuses to pay out a just settlement based on your damages, and we need to take your case to court.
We will do what is in Your Best Interests
As you can see, whether you have to go to court as a part of pursuing compensation in a West Palm Beach car accident case depends on how the case plays out. At the Law Offices of Anidjar & Levine, we will always fight for your best interests. If this means we need to litigate your case to try to recover a fair payout, we will not hesitate to do so.
If we file a personal injury lawsuit on your behalf and your case goes to trial, you can count on us to:
- Answer and address your questions and concerns
- Explain what you can expect during each step of the proceedings
- Handle all pretrial discovery and motions
- Represent you to the judge and jury in the courtroom
- Present a strong case on your behalf
- Present evidence the other driver acted negligently and is liable
- Document your accident-related expenses and losses at trial
- Fight for a payout that covers your damages
Our team goes the extra mile to provide legal support for every client, including representing them during every step of the process. If this includes litigation in your case, we will be by your side throughout the entire process. Find out what to expect from your case by taking advantage of a free consultation and case review today.
What Happens if the At-Fault Party does not have Car Insurance?
Florida law requires some level of insurance coverage. If a driver does not carry such a policy, you may still be able to pursue compensation (depending on the circumstances and depending on your coverage).
If this occurs in your West Palm Beach car accident, we may be able to combine several types of first-party coverage to recover compensation to cover your expenses. This may include:
- A no-fault claim based on your PIP policy to provide compensation for your medical care and a portion of your lost wages up to the policy limits
- Collision coverage, if you carry it, to pay for the repair or replacement of your vehicle
- Underinsured and uninsured motorist (UIM/UM) coverage, an optional policy, but one that will cover a wide range of damages following this type of accident, if you have it
If you do not carry these optional insurance policies, or if they do not cover your expenses and losses, we may be able to file a personal injury lawsuit against the at-fault driver. Recovering compensation in this type of case can prove difficult because most people who have the means to pay this type of expense out of pocket carry auto insurance or otherwise meet the terms of the state’s financial responsibility law.
How Recovering Damages from an Uninsured Driver is still Possible
Sometimes, a driver has no insurance but has the assets to cover your damages or will likely have the money to pay for your losses in the near future. This allows us to build a case and possibly get a court judgment against the driver, holding them liable for their negligence and recovering the damages you need and deserve. Some people can get these damages if they have an uninsured liability motorist policy.
At the Law Offices of Anidjar & Levine, our team will help you (or your loved one) explore and exercise your right to compensation following a West Palm Beach car accident.
Even when it is difficult, or the case is complex, we will fight for the payout you deserve based on the facts of your case. If you want help from a car accident lawyer—West Palm Beach residents especially—you can reach out to us for a case review (that includes a free consultation).
Lawyers from the Law Offices of Anidjar & Levine Can Help You Recover Compensation
If you are suffering from injuries after a West Palm Beach car accident, you are not alone. Our lawyers are available to manage your claim or lawsuit against the parties responsible for your accident. If we are successful, you will recover compensation to help pay for your accident-related expenses.
Contact our staff today to find out more about what our attorneys can do for you. If you wish to work with us, legal representation from the Law Offices of Anidjar & Levine is only a phone call away. Call (561) 721-0080 now.