Car Accident Lawyer in Palm Beach Gardens
The team at Gordon & Partners has witnessed the injuries and damage that can result from car accidents and understand the struggle victims face to recover compensation.
As a result of specific rules and regulations, insurance claims can become complicated. The pain and anguish that comes with experiencing a car wreck can be devastating, and suffering in silence does not have to be your only option.
To ensure that you receive full compensation for your losses, contact a Palm Beach Gardens car accident lawyer who will help you fight for your rights. Our legal team stands up for the rights of the injured and will always fight for the MAXIMUM amount of compensation accidents victims are due. We take pride in what we do, which is why we work on a contingency fee basis. Unless we win your case with a successful verdict or settlement, you owe us nothing.
Time Limitations for Car Accident Claims in Florida
To begin with, the statute of limitations is the law that sets the deadline for a plaintiff to file a civil lawsuit, or in criminal justice, for prosecutors to file criminal charges. Limitations for car accident lawsuits vary from one state to another. In the section below, we’ll have a look at the standard statute of limitations for car accidents in Florida, as well as other scenarios where time limitations differ.
Florida standard statute of limitations for car accidents
According to Florida Statutes § 95.11(3)(a), the current statute of limitations for car accidents is four years from the date of the accident. To put it in different words, if you were injured in an auto accident and you want to file a car accident lawsuit against the other driver, you have four years to do so, by Florida law. If you miss this time limit, the court may dismiss your case.
There are, though, several scenarios that may affect the time limitation for filing a car accident lawsuit. These are:
The claimant is under the age of 18
If a Florida car accident victim is under the majority age (18 years of age), the time limitation for filing a car accident lawsuit pauses until they reach the age of 18 years old. However, a parent or guardian can file a lawsuit on their behalf. Also, in this case, the car accident claim cannot be brought more than seven years from the date of the accident.
The claimant is mentally incapacitated
A vehicle collision can result in all sorts of serious injuries, such as traumatic brain injuries, or spinal cord injuries. These sorts of injuries often leave a victim mentally incapacitated. In this case, the car accident victim would not be able to take the necessary steps of filing a claim. Thus, the limitation can extend up to seven years. However, this extra time is granted only if the court determines the victim isn’t mentally capable of filing a claim.
The car accident victim dies due to the injuries sustained
In the unfortunate event a car accident victim dies due to the injuries suffered in the crash (this can happen months after the crash, not immediately), the case type changes from a personal injury case to a wrongful death case. According to Florida Statutes § 768.19 (2023), the statute of limitations for wrongful death claims is two years from the death of the decedent.
The defendant dies
In car accident cases where the defendant dies before their conclusion, the plaintiff gets an extra 90 days to file a motion that names a personal representative of the defendant, as the new defendant.
The defendant is a government agency
In most states, if the defendant in a car accident is a government agency, there are special circumstances and processes for filing a car accident claim. In Florida, if the at-fault driver is a government employee, you have up to six months to file your claim with the responsible entity.
The defendant leaves the state
It is not uncommon for an at-fault driver to leave the state after a car accident to avoid consequences. In this case scenario, the statute of limitations is tolled until the defendant returns to Florida or is captured. Moreso, if you are injured by a hit-and-run driver, the four-year standard time limitation applies. However, your right to pursue compensation will most likely be tolled until they are caught. Once the at-fault driver is caught, you could seek punitive damages as well as compensation, should you decide to file a lawsuit.
Other deadlines to keep in mind
In terms of car insurance, Florida is a no-fault state. This means that motorists have to carry personal injury protection insurance (PIP). This technically means that each motorist’s insurance company pays their medical bills, regardless of who the at-fault driver is. This PIP insurance law requires you to seek medical treatment within 14 days from the day of the crash. If you fail to do so, your insurance company may deny coverage for your medical bills and other similar expenses.
Don’t miss your deadlines! Call 1 (855) 722-2552 to schedule a free case evaluation.
Causes of Auto Accidents
Negligent behavior is a leading cause of car accidents in Palm Beach Gardens and can contribute to serious injuries. But what constitutes negligence? Any reckless, careless, or thoughtless actions taken behind the wheel could qualify, as could a lack of action when a reasonable person would act to correct or avoid an accident.
Some common causes of car crashes include:
- Aggressive driving
- Driver fatigue
- Driving drunk
- Distracted driving
- Failure to obey traffic signs and signals
- Improper vehicle maintenance
- Lane departure
- Manual distractions
- Not signaling turns or lane changes
- Texting while driving
If you believe driver negligence led to your accident, do not hesitate to contact a skilled Palm Beach Gardens car accident attorney. With more than 180 years of combined legal experience, our attorneys know what it takes to fight for the rights of Palm Beach Gardens injury victims.
We have obtained millions on behalf of car accident victims, including a $6 million recovery for a man who suffered a brain injury and paralysis in a collision.
Call 1 (855) 722-2552 to speak with a Palm Beach Gardens car accident lawyer.
Types of Car Accident Claims We Handle
Though driver errors are the most common cause of car wrecks, defective auto parts, poor road design, and inoperative traffic lights can also contribute to a crash. Our Palm Beach Gardens car accident lawyers are experienced in handling all types of car accident claims.
Negligence is one of the most common types of claims. All motorists have a duty of care to drive responsibly and obey all the laws of the road. When drivers breach this duty and cause an accident, they should be held responsible for their actions.
Though many new cars come equipped with accident avoidance systems, some vehicle parts may be defective. If a vehicle part is defective, and the defect is found to have contributed to an accident, the victim(s) may pursue a product liability claim.
In some cases, poorly designed, constructed, or maintained roads can contribute to accidents or injuries. Unpaved embankments, poorly maintained guardrails, and poorly designed intersections can all contribute to the severity of a car crash.
We also handle Diminished Value and Loss of Use Claims.
Our firm has an experienced team of attorneys who specialize in handling both Diminished Value and Loss of Use claims on a contingency basis. Most people are unfamiliar with these claims and the damages they are entitled to recover. Insurance companies are banking on that fact so they don’t have to pay, however, we know how to fight the insurance companies on these types of property damage claims.
If you have been injured in a vehicle collision, contact a Palm Beach Gardens car accident attorney at Gordon & Partners. We can help you determine who may be held liable for your accident and will file a personal injury claim on your behalf. The primary goal of our law firm is to help you obtain the maximum amount of benefits you are entitled to under law.
The severity of injuries that drivers and passengers suffer from a collision can range from minor to severe. Despite increases in safety technology, it is difficult for any accident victim to protect themselves from all the different types of injuries that can occur.
Some of the more common injuries include:
- Cuts from broken glass
- Airbag burns
- Broken bones
- Herniated discs
- Nerve damage
Some auto accident injuries may not be visible right away, which is why it is so important for anyone involved in a crash to seek medical attention. Failing to get the medical attention you need can only make the injury worse. Also, especially if you want to seek compensation for your injuries, it is of the essence to seek medical attention within 14 days after the crash. Only this way will you be eligible for the Personal Injury Protection (PIP) benefits.
What Can Our Palm Beach Gardens Car Accident Attorneys Do for You?
Our personal injury lawyers specialize in a variety of practice areas, including car accident cases. When our Palm Beach Gardens car accident attorneys take your case, you can expect them to perform various duties and tasks. The list includes:
Legal counsel and representation. If you decide to file a lawsuit against the at-fault driver or parties liable for your accident, you will most definitely need legal representation and counsel. Our Palm Beach Gardens car accident attorneys will share all their knowledge, resources, and expertise with you to put you in a favorable position from the start.
Preventing you from missing any deadlines. As we’ve already mentioned above, there are all kinds of limitations when filing a lawsuit or a claim after a car accident. Our experts will make sure you won’t miss any deadlines of this sort.
Dealing with insurance companies. Filing an insurance claim can be a daunting process. If you haven’t been through this process before, you’ll most definitely have at least a question or two. Our car accident lawyers are here for you and we can also make sure your insurance company won’t low-ball you.
Gathering evidence. A strong car accident case is built on evidence. If you were in a Palm Beach Gardens car accident, our legal experts will compile and examine all the existing evidence from the scene of the accident, collect witness statements, review police reports and medical files, consult with experts in different fields, and more, all to make sure your case has a solid base.
Determining fault. Even though Florida is a no-fault state, fault in a car accident still needs to be determined. More often than not, fault is not as clear as daylight, and multiple parties may be involved. A personal injury lawyer specializing in car accidents will ensure that fault is correctly determined in your car accident case.
Assessing the opposition’s case. This is a critical step in building an efficient legal strategy. Anticipating tactics, preparing counterarguments, and identifying weaknesses in the opposition’s case are keypoints in fortifying your case.
Negotiating settlements and maximizing your payout. Along with medical bills, our car accident lawyers can help you secure funds to cover other accident expenses, such as lost wages or reduced earning potential, property damage, pain and suffering, and emotional distress. Our thorough understanding of Florida laws and regulations can make a big difference in the outcome of your case. When a settlement is reached, we will make sure you will be awarded the maximum amount possible.
Protecting your rights. Last but not least, our car accident lawyers will ensure that blame won’t be shifted on you and that you are treated fairly throughout the process.
Consult with one of our car accident attorneys today. Schedule a Free Case Evaluation!
Schedule a Consultation with a Palm Beach Gardens Car Accident Lawyer
Gordon & Partners is committed to fighting for the rights of the injured. Since 1993, we have been helping accident injury victims in Palm Beach Gardens fight against insurance companies and negligent drivers. Our Palm Beach Gardens car accident lawyers have the experience and resources to guide you through the legal process as efficiently as possible so you can get your life back on track.
We have a detailed knowledge of personal injury claims and will build a strong argument for your compensation claim. The emotional damage from a car crash can linger for years or a lifetime, as can the physical wounds. The mission of our personal injury law firm is to help you and your family get the results you need.
Fill out a Free Case Evaluation to schedule a consultation today.
Free Case Evaluation
Gordon & Partners, P.A.
Palm Beach Gardens, FL 33410
Verdicts & Settlements
Recovery for man and family for injuries caused by a defective auto part.
Recovery for man who suffered brain injury and paralysis after collision with Blood Mobile.
Jury verdict for the family of a 23-year-old woman killed in a tractor-trailer accident.
Jury verdict for family of mother of two killed in tractor-trailer accident.
Recovery for parents of a man killed in aviation crash.
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