Florida Personal Injury Lawyers
Suffering a personal injury is a life-changing experience. From the pain and suffering to the economic losses, its easy to become overwhelmed and depressed after an accident. To make matters worse, you are worried about how you will pay for medical care and handle your bills if you cannot work.
Smith, Ball, Báez & Prather has represented countless victims across the state of Florida. We focus solely on personal injury law and have represented clients who have suffered catastrophic injuries, deaths of loved ones, and other losses. While we cannot turn back the clock so our clients can avoid the injury, we have recovered millions of dollars on their behalf. We fight tirelessly for our clients, providing a voice for the voiceless.
Don’t try to negotiate with the insurance company yourself. Instead, contact our Florida personal injury law firm for help.
Types of Personal Injury Cases
Smith, Ball, Báez & Prather handles an assortment of cases. Common personal injury cases include:
- Boat Accidents
- Car Accidents
- Catastrophic Injury
- Medical Malpractice
- Motorcycle Accidents
- Product Liability
- Slip & Fall
- Truck Accidents
- Wrongful Death
Establishing Fault in Personal Injury Cases
There are four elements needed to establish fault in personal injury cases in Florida. First, the defendant must owe a duty of care to the claimant. For example, drivers have a duty to drive the speed limit and stop at red lights. Second, the defendant must have breached that duty. Using the previous example, assume that the driver drove over the speed limit and ran through a red light. That would be a clear breach of the duty of care. Third, the claimant must have sustained damages, such as an injury or property damage. Fourth, the defendant must have caused that injury.
While running a red light, hitting a vehicle, and causing serious injuries is a clear example of establishing fault, personal injury cases are usually more complex. Smith, Ball, Báez & Prather has a vast amount of experience investigating personal injury cases and holding negligent parties responsible for the damage they cause, even in the most complex cases.
What If You Are Partially to Blame for the Accident?
If you are partially at fault for the accident, you might think you cannot recover damages. However, Florida is a pure comparative negligence state. Under Florida law, you can still file a claim and recover damages if you share the blame for the accident. However, the amount you recover will be reduced based on your level of fault. For example, if you are 10% responsible for the accident, your award will be reduced by 10%. Thus, if you are awarded $100,000, you will recover $90,000.
Some victims allow the insurance companies to assign the fault, and that is a mistake. Smith, Ball, Báez & Prather will defend you against the insurance company’s claims while presenting a strong case on your behalf for the jury.
- Boca Raton
- Boynton Beach
- Delray Beach
- Fort Pierce
- Lake Worth
- Palm Beach Gardens
- Port St. Lucie
- Stuart & Treasure Coast
- West Palm Beach
Why Choose Smith, Ball, Báez & Prather ?
- Free Consultation Fill out an online form or call us to discuss your case free of charge.
- Highly Rated We have numerous 5-star reviews on Google and a rating of 10 on the legal website Avvo.
- Proven Results Smith, Ball, Báez & Prather has secured numerous multi-million settlements and trial verdicts for clients, including a $40 million settlement for a car accident wrongful death.
- Serving the State of Florida Our personal injury law firm is based in Palm Beach County, and we serve victims throughout the state.
- Bilingual Law Firm Smith, Ball, Báez & Prather and our legal support team are bilingual so that clients can speak in their native language.
- Available 24/7 Reach out to our firm any time of day or night. We are available 24/7 to serve you and help you get the compensation you deserve.
Statute of Limitations
The statute of limitations refers to the amount of time you have to file a lawsuit after the incident occurs. The time limit varies depending on the type of claim you have. Most personal injury cases in Florida have a statute of limitations of two years. This includes car, motorcycle, and truck accidents, slip and fall, and product liability cases. Medical malpractice and wrongful death cases have a statute of limitations of two years. However, these time limitations are complex and require the assistance of an attorney. If you are unsure if the statute of limitations has passed, our team may be able to help.
Punitive Damages in Florida Personal Injury Cases
While rare, punitive damages can be awarded in cases of intentional misconduct or gross negligence. Judges award punitive damages to punish those who act with extreme negligence or disregard for others. You must provide clear and convincing evidence to prove intentional misconduct or gross negligence. Examples of cases where punitive damages might be awarded include drunk driving, drunk boating, street racing, and running a bicyclist off the road. Also, in some circumstances, failing to recall a dangerously defective product can lead to the court awarding punitive damages.
No matter what kind of situation you find yourself in, Smith, Ball, Báez & Prather is here to help. Call us at 561-500-HELP or fill out our online contact form today to learn more about our firm.