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A personal injury victim starts their day with an expectation of working, going to school, running errands, visiting a friend, going shopping, or simply spending a day with their family. Their plan is interrupted by an accident or intentional act and suddenly their life is changed by injury or death. In the flash of a second life has changed for the victim, their family and friends.
When an accident occurs, it is important to call a West Palm Beach Personal injury lawyer that has the legal background and fortitude necessary to be your voice during settlement negotiations and/or trial. When you call the personal injury law firm of Roger P. Foley, you will speak directly with attorney Roger P. Foley. During the free consultation he will listen to the facts of your case and help you determine what legal action to take.
The Basics Of Personal Injury Law In FloridaPersonal injury law provides an injured person the ability to sue in a court of law and receive damages.The damages that an injured victim may be entitled are generally determined by the severity of their injuries, the facts of the case, and whether the case is settled or goes to a jury trial.
The court system provides relief to those that have been injured in Palm Beach County and other counties throughout Florida. When injured by another party you can sue them for money. The idea is that wrongdoer(s) are paying you for the injuries they caused. You are asking them to pay a sum that will bring you back to where you were prior to the accident.
A plaintiff’s lawsuit allows the injured party to be compensated for the harm that they have suffered. Whether the offending party negligently or intentionally caused you harm, you have a remedy. The remedy is an action in court ( lawsuit) seeking monetary relief for your damages.
Florida Law allows injured parties to recover damages when they're injured due to the negligence of others or when intentionally harmed. It is important that you find a top rated personal injury lawyer to assist you. Insurance companies and their defense lawyers look to minimize the amount of money that they pay out to victims so its important that you find a hard working attorney to help you.
"If you have been injured, Call me!" Roger P. Foley
What does Florida law say about negligence? To be Negligent means that the individual that caused your injury did not act in a way reasonably by societal standards.
Speak to a West Palm Beach, Florida personal injury lawyer today. We’re available to assist you. If you can’t come to us we will visit you in the hospital or your home.
Accidents are the most common. Accidents occur when an individual or corporation acts in a careless or negligent manner and another person is harmed. The most common accidents that occur in Palm Beach County and throughout Florida are:
An intentional tort harms another person on purpose. For example, a felony battery, an intentional tort, may occur during a verbal dispute where one party may punch another with a closed fist, and that punch causes a fracture to the orbital bone. Tort as defined by Black's Law Dictionary
Product LiabilityWhen a manufacturer produces an item that is defective or has a design flaw, it may be unreasonably dangerous to others. Manufacturers have a duty to provide safe parts, such as machine parts, medical devices, automobile parts or any product that enters the public's use. When a defective part causes injury, the person(s) injured may file a product liability lawsuit.
Time Limits on a Personal Injury CasesThere are Limits on how long you have to file your personal injury case. In most personal injury cases the statute of limitations is four (4) years. On wrongful death and medical malpractice cases the statutory limit is two (2) years.
Do not procrastinate! Talk to one of the highest reviewed personal injury attorneys in West Palm Beach.
Every personal injury case has a different set of facts. However, there is a process to handle personal injury cases. It is important to locate a top tier personal injury lawyer to discuss this process in more detail.
The Incident/AccidentThe wrongdoer, also known as the defendant, either accidentally or intentionally causes an injury to the plaintiff. The injured party, the plaintiff, must allege that the defendant had a duty of care and breached it. The duty of care will depend on the facts of the case. For example in a trucking accident case, both the driver and the owner of the big rig have a duty to properly maintain the tractor trailer. If they don’t and an accident occurs, causing harm to another, they may be liable for damages. In a slip and fall case, a store owner has a duty to maintain the aisles in a manner that allows customers to walk safely throughout the store. Leaving a broken jar with liquid in an aisle for an unreasonable amount of time, without caution signs, will likely make the store owner liable if someone slips and falls resulting in injury.
Settlement NegotiationsWhen the plaintiff's attorney presents evidence substantiating the plaintiff’s injuries and the defendant's liability, it is only then the defendant’s insurance company will enter into settlement negotiations. Settlements can occur prior to the official filing of a lawsuit or after the plaintiff's complaint is filed in court. The insurance company offers monetary compensation to the plaintiff, the injured person, so that the lawsuit is not pursued. Upon agreeing to a settlement for financial compensation, the injured party agrees to dismiss the lawsuit.
When you or someone you love have been involved in any kind of accident, contact the law offices of Roger P Foley. Our team will discuss with you the facts of your case and the best way to achieve your goal of maximum compensation for your injuries. Even if another law office has rejected your case, call us for a second opinion. Contact us at 561-746-7076.
As plaintiff’s lawyers, in Palm Beach County, we are tasked with proving that the negligent party owed you a duty of care, that they failed to provide that care and as a result you sustained injuries that they are responsible for.
To begin the process, the injured party contacts our west palm beach personal injury lawyers. During the initial consultation, we must determine the extent of what occurred and whether there is liability. If a duty of care existed and breached, then we must look at potential damages. Our West Palm Beach personal injury lawyers can help you obtain both economic damages and non-economic damages. Economic damages would be any tangible bills, out of pocket expenses, medical bills, cost of care, property damage, lost wages, etc. Non-economic damages are pain and suffering.
If the attorney believes that the plaintiff has a personal injury case, they will present a fee agreement and begin an investigation. Part of that investigation is reviewing preliminary police reports or any documentation that verifies that the incident occurred and whether there is insurance to cover the Plaintiff’s damages.
Contacting the Insurance CompanyThe personal injury attorney and the staff will contact the insurance company to acquire a copy of the insurance policy.
Medical Treatment is ImportantAs the injured party, you will continue to treat with doctors. Treatment documentation is the most important. If you are injured then you must go to doctors appointments, go for any requested scans, and attend physical therapy. You could have the absolute best personal injury lawyer but if you fail to receive treatment your claim will be severely impacted.
Majority of cases end at the conclusion of treatment, when a demand is sent to the insurance company. If the insurance company settles the case in good faith the lawsuit is never filed. If the insurance company fails to offer reasonable compensation for plaintiffs injuries then a complaint is filed. This is important because insurance companies know who the personal injury trial lawyers are, not everyone goes to trial.
The ComplaintOnce the plaintiff's attorney believes they have faithfully negotiated with the insurance company and failed to settle for the appropriate amount of money, the attorney will file a personal injury complaint. The complaint is a document that outlines the person being sued, plaintiffs' allegations, how the defendant was injured, the specific injuries, the legal basis for the complaint, and amount of compensation requested.
Once the complaint is filed it must be served upon the defendant, which means a process server will deliver it to the defendant in an official manner so the defendant cannot claim that they are unaware of the lawsuit.
The Defendant’s Response to the ComplaintThe defendant is going to need to hire a private attorney or contact their insurance carrier to properly defend the lawsuit. If the Defendant has insurance, the insurance company will provide legal counsel. If the Defendant does not have insurance then the defendant will need to hire a private attorney and hourly rates apply. Civil defense counsel charges by the hour regardless of whether they win or lose.
Pre-Trial and the "Discovery" ProcessDuring the pretrial process, there will be requests from both sides to produce information. This is referred to as the “discovery”process. During this process there may be several court hearings as both sides quibble over various legal issues and whether or not they have received what they asked for during discovery. Often the judge will request that the parties attend mediation or arbitration.
Upon receiving discovery, depositions are scheduled. Depositions are out of court question and answer sessions where each party is entitled to ask questions and receive answers from witnesses in the case. This includes the plaintiff, the defendant, witnesses for either party, experts, etc. Anyone witnesses listed are subject to their deposition being taken.
The process of discovery is time consuming. There are many court dates and personal injury cases often take months or sometimes years to complete. It is not unusual for court dates to be extended. Accordingly, a trial date may be changed several times by the judge.
Pretrial MotionsAt the conclusion of discovery, the defendant may file a motion for summary judgement. Summary judgement is a request to the judge to dismiss the case. Summary judgment motions are always filed by the defendant but are often denied.
As trial approaches, both parties will make efforts to reach a settlement. The court often orders settlement conferences to see if a settlement can be reached between the parties.
Motions are made to the court requesting pretrial evidentiary orders be entered clarifying what evidence will be permitted to be heard by the jury.
At the beginning of jury selection, potential jurors are brought to the courtroom for possible selection as jury members. This process is called voir dire. Jurors are asked questions to determine their background. Voir dire translated means to speak the truth. It is important to make sure that every juror answers the questions openly and honestly. The attorneys want to ensure that none of the jurors are friends or family members of either party. Additionally, they want to uncover any prejudices that a juror may have, for instance if a juror works for an insurance company they may favor the defendant or if a juror has previously sued an insurance company they may be biased in favor of the Plaintiff. Jury selection / Voir dire is meant to ensure a fair and impartial fact finding group of individuals to determine the facts and to make a decision. Having a top ranked personal injury trial lawyer is important because you only have one shot at picking the right jury. Many argue that a personal injury trial is won or lost in voir dire.
Once the jury is selected the trial will begin. The plaintiff will put on the evidence and the defense will cross-examine witnesses. The defense will be allowed to call witnesses. The plaintiff’s attorney will cross-examine one of them. The jury will make a determination as to the credibility of the witnesses. The jury will listen to all the facts. After the facts are heard there will be closing arguments by both sides and the judge will give the jury instructions on deliberation. Closing arguments are where the best personal injury trial lawyers help the jury emotionally connect with their client's loss and how their life has been impacted. When done correctly, you may see defense counsel heads facing downward staring at their shoes.
The jury will go to the jury room and a foreperson will be selected. The foreperson is the head juror. He or she will organize the room and the discussions between jurors and take a vote. When needed the foreperson will ask the court questions, the foreperson will make any requests to the judge.
The jury will discuss all the evidence presented and give it the appropriate weight. This is referred to as jury deliberations. If they are in favor of the plaintiff, they will then decide the amount of money to be awarded.
Appeals ProcessAfter the jury announces their verdict, the losing side may decide to appeal the verdict. The appeals process can last months or years. If the appeal is unsuccessful the verdict remains the same. If the defendant lost then he/she will be required to pay the amount awarded by the jury.
Settlement Settlement SettlementThe vast majority of personal injury cases settle. Many PI cases are settled before a formal complaint is even filed. However, even when a complaint is filed, and a lawsuit has begun, there is likelihood that the parties will reach a settlement agreement. Accordingly, the attorney you chose must be a masterful negotiator and not simply a trial lawyer.
Hiring the best personal injury law firm with experienced attorneys should be your priority. Insurance companies are in the business of making money. Their goal is to payout as little as possible on claims. Accordingly, it is important that you contact the best personal injury attorneys in the area. From the initial consultation, an experienced personal injury attorney will prepare your case in a manner that ensures you receive the compensation you deserve. For free consultation contact the law offices of Roger P Foley 561–746–7076.
Heal Up While We Perform the Legal WorkPersonal Injury Cases are why you contacted our office. Our personal injury lawyer(s) are reputable. We are here to fight for you. You concentrate on healing up and completing treatment for your injuries while we work to get you paid. With everything in life, there are difficulties that arise. Our personal injury team is here to handle the difficulties so you won’t need to. It is our job to make sure that the insurance company doesn’t take advantage of the injured party, our client. Insurance carriers often deflect blame on the injured party, stating in no uncertain terms that they are not responsible.
At the Law Offices of Roger P. Foley, we understand the impact your injuries have on your life. The incident has caused you both physical pain and mental stress. We want you to feel confident that you are in good hands as we handle your case. Go rest while we handle the details.
Payment is EasyOur office works on a contingent fee. That means we only get paid if you get paid. There are no out of pocket expenses for you. You simply concentrate on your recovery. The last thing you need to do during your recovery is deal with insurance companies or worry about legal fees.
If you are seriously hurt in an accident, due to the negligence of another, many of your friends and loved ones will tell you to find the best personal injury attorney immediately. That is great advice because a personal injury attorney can make a demand or file a lawsuit on your behalf against the negligent party and their insurance company.
Contact the personal injury law firm of Roger P. Foley so that we can help you receive compensation for your injuries. We are located in West Palm Beach, Florida and are available to help you. Call 561-746-7076