Car accidents are an unfortunate part of life in West Palm Beach. If you suffered injuries because of a negligent driver, you deserve to be compensated.
Victims can sustain numerous types of injuries in a vehicle accident, with many of them requiring significant treatment to heal fully. However, recovering compensation is often a complex process. Our firm can provide valuable assistance with the insurance claims process and determine if filing a lawsuit is appropriate in your case.
Our car accident attorneys at The Law Offices of David I. Fuchs, Injury & Accident Lawyer can provide you with a free case review when you call us at (954) 751-4258.
Common Injuries After a Car Accident in West Palm Beach
Car accidents are responsible for causing a wide range of injuries. While some injuries might be minor, many require significant treatment. Fortunately, our car accident attorneys can help you no matter how severe your injuries are.
Head Injuries
Head injuries can be life-threatening because they may cause bleeding inside your skull or brain trauma that damages the brain permanently or temporarily paralyzes you. These types of injuries require immediate medical attention because they can cause permanent damage or death if not treated properly immediately after being injured. The brain can receive a shock when it hits against the inside of the skull or is compressed by swelling of the brain tissue. Symptoms include loss of consciousness, confusion and disorientation. Other symptoms may include headache, dizziness, double vision, vomiting, seizures and memory loss.
Spinal Injuries
This occurs when the spine is twisted or stretched, causing bruising or even separation of the vertebrae. This can result in permanent paralysis below or above the point of injury. Spinal cord damage can also cause internal bleeding around the spinal cord at points where it exits through openings in your vertebrae (vertebral foramina). The spinal cord controls all functions below the neck, so this type of injury can be devastating if not treated immediately after accident.
Broken Bones
When your body is involved in an accident, it can easily be thrown around or crushed against another object. This can cause bones to break or fracture. If you have a broken bone, it will need to be put back into place by medical professionals so that it can heal properly. You might need a cast or splint to help stabilize your broken bones until they heal properly. In some cases, surgery might be required to repair more severe breaks in the bone or joints.
How to Get Compensation for Your Car Accident Injuries in West Palm Beach
Recovering compensation in West Palm Beach after a car accident can be challenging. While your insurance typically covers a certain amount of your damages, you might need additional compensation to cover your remaining damages.
No-Fault Claims
Under Florida law, drivers are required to carry personal injury protection (PIP) coverage to cover their own injuries and those of any passengers in their vehicle in case of an accident. This type of no-fault insurance is designed to pay for the medical expenses and lost wages that result from your injuries, regardless of who caused the accident. This means that you can still receive your full PIP benefits, even if you were responsible for causing your injuries.
While PIP coverage can be helpful for car accident victims, it has significant limitations. Typically, PIP insurance will only cover the first 80% of incurred medical expenses as well as 60% of lost earnings. Additionally, no-fault insurance policies are usually capped at $10,000 and do not provide compensation for pain and suffering damages. This amount is often insufficient to cover the full extent of your medical treatments and therapy. Therefore, it may be necessary to seek additional compensation beyond your no-fault insurance.
Filing a Claim with the At-Fault Driver’s Insurance
As stated, PIP insurance has limits on the compensation it provides for medical expenses and lost earnings, capping them at 80% and 60%, respectively. This implies that expenses that exceed the caps and the $10,000 PIP coverage limit must be covered by another person. Luckily, you can file a claim with the negligent driver’s insurance provider in some circumstances to recover the remaining damages left over after your PIP was exhausted.
Filing a Personal Injury Lawsuit
Car accident victims often suffer not only physical damage but also physical pain and emotional suffering. Unfortunately, these damages, known as “pain and suffering,” will not be covered by your PIP insurance. Moreover, Florida’s no-fault policy prohibits injured victims from suing to recover pain and suffering losses unless they have sustained severe injuries in the accident.
To recover pain and suffering, you must satisfy Florida’s “serious injury” standard. Injuries are deemed “serious” if they fall within one of several types of injuries that Florida recognizes as severe. For instance, the loss of a limb or function of the body would be considered a serious injury. Disfigurement and scarring can also be considered serious injuries, but the scars and disfigurement must typically be significant in order to file a lawsuit. Additionally, miscarriage or the wrongful death of a loved one also qualify as serious injuries.
How to Prove Fault in a West Palm Beach Car Accident
Proving fault in a auto accident case is typically not easy, but there are steps you can take to better support your claims. This includes documenting the scene of your accident and speaking to witnesses. Additionally, you should also speak with law enforcement so a police report can be made detailing your accident.
Document Evidence
The first step in proving fault in a car accident is to document the evidence. Much evidence can be obtained on the scene, right after your accident occurs. For instance, photographs can show how much damage was done to each vehicle involved in the crash and where each vehicle was when it came into contact with one another. When gathering evidence, try to take photos immediately after the accident so that they accurately reflect what happened during it.
If there were witnesses, statements should be obtained from them if they are willing. These statements can include accounts of how fast one vehicle was traveling before losing control and hitting another car, or whether one driver made an unsafe turn or failed to yield at a stop sign or red light. Also, be sure to get their contact information so that our car accident attorneys can speak with them on your behalf to get them to testify in your case.
Police Reports
If you have been involved in a car accident, the police should be called immediately. The officer who responds will write up a report detailing what occurred during the accident and any injuries that were sustained. It can also include information about fault for the accident, if they can determine it from looking at the scene and talking with witnesses.
Get a Free Legal Consultation with Our West Palm Beach Car Accident Attorneys
For a free case assessment with our experienced car accident attorneys, call The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. today at (954) 751-4258.