Boca Raton Car Accident Lawyer

Why You Need a Boca Raton Car Accident Lawyer

When to Begin Pursuing a Car Insurance Claim after Being in a Car Accident

If you have been injured in a car accident in Boca Raton, caused by someone else’s wrongdoing, when should you start the process of pursuing a legal claim? The short answer is right away. 

After you have been injured from someone else’s negligence, you should focus on your health and recovery. Involving a personal injury attorney will allow you to do just that, while your attorney focuses on your legal claim. Beginning this process early is important for your claim and your peace of mind. Evidence, whether it be physical evidence, witness statements, video footage, or other types of evidence, tend to disappear or weaken with time. Having an attorney involved quickly will help have your claim documented early in the process. It will also help you understand your legal options and feel protected and guided through what will likely be a foreign and daunting process. 

It is important to understand, however, that pursuing a legal claim is not the equivalent of filing a lawsuit. Following car crashes, victims often pursue claims against the wrongdoer’s insurance carrier, negotiating resolutions without there ever being a lawsuit filed. Lawsuits are generally filed when an amicable resolution with a potential defendant or an insurance company without a lawsuit is not possible. Many personal injury lawyers do not file lawsuits. It is important when you are choosing an attorney to ask whether the lawyer or firm you are speaking with litigates and tries cases, because your case may require a lawsuit to be filed. At Hersh Kirtman Injury Law, our  personal injury lawyers have many years of experience filing, litigating, and trying lawsuits. 

In Florida, there is a two year statute of limitations for the filing of personal injury lawsuits. A statute of limitations is a time frame within which a lawsuit must be filed. The claims process that occurs before a lawsuit is filed can be lengthy. It is therefore very important to begin the entire process as quickly as possible after an incident leaves you harmed.   

Due to the many steps involved in pursuing your claim, it is best that you begin the process as soon as possible. While this can seem overwhelming, when you retain the help of one of our trusted legal professionals, we can take on the tasks associated with your claim as you focus on your recovery.

How Long Do I Have To File a Car Accident Lawsuit in Florida?

In Florida, you have two years from the date of the accident to file a personal injury lawsuit. This statute of limitations means you must act quickly to preserve your right to compensation. Starting the process early allows for thorough preparation of your case and ensures that critical evidence is collected in a timely manner.

Proving Liability

The burden falls on you to prove that the other driver was negligent and that their negligence caused your injuries. This requires showing:

• A duty of reasonable care was owed by the at-fault driver
• They breached that duty of care
• This breach directly resulted in injuries or other losses

Doing this requires knowledge of the law and legal procedure and experience working with insurance companies that defend negligent drivers. Because car crashes result in different types of injuries with varying degrees of severity, having the right attorney with the right experience is crucial to completely and adequately prove the full extent of damages and injuries.

How Do I Prove Negligence for a Car Accident?

Proving negligence requires establishing four key elements:

1. Duty of care: The at-fault driver owed a duty to drive safely.
2. Breach of duty: The driver violated this duty through reckless or careless behavior.
3. Causation: The breach directly caused the accident and your injuries.
4. Damages: You suffered losses as a result of the accident. Gathering evidence, such as police reports, medical records, and witness statements, is crucial.

An experienced attorney can help navigate this complex process.

Who Is Legally Responsible for My Accident and Injuries?

Determining legal responsibility in a car accident involves identifying who was at fault. In Florida, a comparative negligence state, fault can be shared among multiple parties. To establish fault, it must be proven that the other driver owed a duty of care, breached that duty, and caused the accident, resulting in your injuries. Evidence such as police reports, witness statements, traffic camera footage, and expert testimony play a crucial role in proving negligence. Having a skilled attorney helps gather and present this evidence effectively, ensuring you receive the compensation you deserve.

What Happens if You Are Injured in a Car Crash?

If you are injured in a car crash, especially if you sustain serious injuries, you will need medical care, among other potentially expensive needs. Serious injuries are crucial in determining entitlement to compensation and can significantly impact legal proceedings. As a result, costs after an auto accident in Boca Raton and elsewhere in South Florida can be significant. Florida’s personal injury protection (PIP) benefits only offer a limited amount of help. Injured drivers can apply for no-fault PIP benefits and receive up to $10,000 in medical and disability benefits, provided they sought initial care and services within 14 days of the accident. These benefits won’t pay for all damages, however; they only cover 80% of medically necessary and reasonable expenses, plus 60% of lost income or earning capacity. Additionally, unless the doctor determines there was an emergency medical condition, the total benefit amount is limited to $2,500 instead of $10,000.

Common Car Accident Injuries

What Are the Damages Available to Boca Raton Auto Accident Victims?

Car accident victims in Boca Raton can seek various types of damages, including:

• Medical expenses: Covers current and future medical bills.
• Lost wages: Compensation for time missed from work.
• Pain and suffering: Monetary compensation for physical and emotional distress.
• Property damage: Repairs or replacement of your vehicle.
• Punitive damages: In cases of gross negligence or intentional misconduct. 

Understanding the full extent of available damages ensures you pursue comprehensive compensation.

Damages in Car Accident Claims

In addition to having some medical expenses covered by PIP under these circumstances, car crash victims are allowed to file a negligence claim or lawsuit against the at-fault driver to recover damages caused by the accident if they incurred medical expenses or suffered harm. Serious harm includes the following:

• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
• Significant and permanent scarring or disfigurement
• Death

In situations involving serious and permanent harm, you can bring a claim against the at-fault driver for negligence and seek to recover not only all of your medical expenses and lost wages, but also compensation for your pain, suffering, mental anguish, and inconvenience endured because of the crash.

What Are the Causes of Car Accidents in Boca Raton?

Car accidents happen in Boca Raton often. Miami-Dade and Broward Counties lead the state in car crashes annually. However, according to the FLHSMV, there were 24,857 car accidents in total, with 215 resulting in fatalities and 15,203 causing injuries.

Car crashes happen for many reasons, presenting different obstacles for the victims when bringing a claim or lawsuit. Car crashes result from, among several other things, speeding, failing to follow road markings and traffic signals, distracted driving, failing to yield the right of way, and driving under the influence. The increasing usage of smartphones and mobile apps has brought with it a drastic rise in crashes resulting from distracted driving. When someone is hurt or loses a loved one in a car crash, they may bring a claim or lawsuit. Regardless of the reason for the crash, they must prove that the other driver was negligent and responsible. In some instances, the type of crash makes proving negligence simple, but in other instances, the type of crash causes proving negligence to be far more complicated. 

The dedicated attorneys at Hersh Kirtman Injury Law have experience handling nearly every variation of car crash cases and are uniquely equipped to prove the cases on behalf of their clients.

What Are The Most Dangerous Intersections in Boca Raton, FL?

As cities in South Florida grow more and more populated, the roads have become even more congested with vehicles. With population growth there is also increases in construction, both of buildings adjacent to roadways and on the roadways themselves. All of this leads to a higher risk of car accidents, especially in areas that are already considered dangerous. In and around Boca Raton, there are several intersections that are considered to be more dangerous and hold a higher risk for drivers when it comes to potential accidents. 

These intersections include:

• Atlantic Avenue and Lyons Road in Delray Beach
• State Road 7 and Glades Road in Boca Raton 
• Southern Boulevard and State Road 7 in Royal Palm Beach
• South Military Trail and Atlantic Avenue in Delray Beach
• Forest Hill Boulevard and Military Trail in Palm Springs 
• Okeechobee Boulevard and North Military Trail in West Palm Beach
• Lake Worth Road and South Jog Road in Greenacres
• 45th Street and North Congress Avenue in West Palm Beach
• Congress Avenue and West Atlantic Avenue in Delray Beach

Whether you have been involved in a car accident at one of these notorious intersections, or anywhere in Boca Raton or Palm Beach County, you may have the legal right to seek compensation by pursuing a car accident claim with the help of one of our trusted Boca Raton personal injury attorneys.

We Represent Clients in All Types of Car Accident Cases

At Hersh Kirtman Injury Law, we handle a wide variety of car accident cases including:

• Rear-end collisions
• DUI accidents
• Hit-and-run incidents
• T-bone accidents
• Head-on collisions
• Multi-vehicle pileups
• Pedestrian accidents
• Bicycle accidents
• Motorcycle accidents

Each type of case presents unique challenges, and our experienced attorneys are equipped to handle them all, ensuring you receive the best possible representation and outcome.

How We Can Help

The Boca Raton car accident attorneys at Hersh Kirtman Injury Law can help guide you, protect you, and fight for you to recover fair compensation for the damages caused by the auto accident. Our personal injury attorneys have a long list of successes in settlements and jury verdicts in auto accident cases, including multi-million dollar results in crashes involving catastrophic injury or wrongful death. Every case is unique, but you can rest assured that we will apply all our skills and years of experience inside and outside the courtroom to get you the best result possible.

The Insurance Company is Trying to Blame Me For an Accident – What Should I Do?

If an insurance company is trying to shift blame onto you, it is crucial to have an attorney handle communications. An experienced lawyer can counter these tactics by presenting clear evidence of the other driver’s fault. Document everything related to the accident, avoid making statements to the insurance company without legal counsel and let your attorney advocate on your behalf to ensure you receive fair treatment.

What is Personal Injury Protection (PIP) Insurance?

Florida’s personal injury protection (PIP) benefits only offer a limited amount of help. PIP covers:

• Up to $10,000 in medical and disability benefits.
• 80% of medically necessary expenses.
• 60% of lost income or earning capacity. However, if the medical condition is not deemed an emergency, the benefits are capped at $2,500.

Understanding PIP coverage is essential for knowing your rights and the extent of compensation you can claim.

Boca Raton, FL Car Accident Statistics

Boca Raton, like many parts of Florida, experiences a high volume of car accidents each year. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), in 2022, Palm Beach County, which includes Boca Raton, reported a total of 24,857 car accidents. These accidents resulted in 215 fatalities and 15,203 injuries. Over the past few years, there has been a noticeable increase in the number of accidents, reflecting broader state and national trends. Florida, overall, recorded 397,514 vehicle crashes in 2022, underscoring the importance of road safety and the need for effective legal representation for accident victims. Understanding these statistics highlights the importance of being vigilant and informed about the risks on Boca Raton roads.

Contact Our Car Accident Attorneys Today for a Free Consultation

Hersh Kirtman Injury Law can help with all your needs when you’ve been hurt in a car crash in Palm Beach County or lost a family member to a fatal auto accident. We bring all our attention, care, and skill to every case to ensure our clients are taken care of and to help get them significant results on their auto accident claims. Contact our Boca Raton, FL auto accident lawyers today by calling (561) 208-3700 or filling out our contact form for a free consultation.

Frequently Asked Questions About Car Accidents in Boca Raton

• What should I do immediately after a car accident in Boca Raton? After a car accident, it’s crucial to call emergency services, document the scene with photos and videos, gather witness statements, and exchange insurance information with the other driver. Seek medical attention right away and contact a Boca Raton car accident lawyer to ensure your legal rights are protected.
• How soon should I contact a car accident lawyer after an accident? It’s important to contact a car accident lawyer as soon as possible after the crash. Early involvement ensures evidence is preserved, witnesses are interviewed, and legal deadlines are met. An experienced lawyer can also handle insurance negotiations on your behalf, protecting you from unfair treatment.
• How long do I have to file a car accident claim in Florida? In Florida, you generally have four years from the date of the accident to file a car insurance claim. However, the process is complex, and starting early is highly recommended to ensure all legal steps are taken properly, evidence is preserved, and deadlines are met.
• Do I need to hire an attorney if the accident was clearly not my fault? Even if the accident was clearly not your fault, it’s still important to hire a lawyer. Insurance companies may try to reduce your compensation or shift blame onto you. A skilled attorney can help gather evidence, negotiate with insurers, and ensure you receive the compensation you deserve.
• How much does it cost to hire a car accident lawyer in Boca Raton? At Hersh Kirtman Injury Law, we work on a contingency fee basis, meaning you don’t pay anything upfront. Our fees are taken as a percentage of the settlement or judgment we secure for you. This allows you to access quality legal representation without worrying about out-of-pocket costs.
• What types of damages can I recover in a car accident claim? Victims of car accidents in Boca Raton can recover various types of damages, including medical expenses, lost wages, pain and suffering, property damage, and in some cases, punitive damages. The specific damages available will depend on the nature and severity of your injuries.
• How do I prove negligence in a car accident case? To prove negligence, we must show that the other driver owed you a duty of care, breached that duty, and caused the accident that led to your injuries. Our experienced attorneys will collect crucial evidence, such as police reports, medical records, and witness statements, to build a strong case for you.
• What if the other driver doesn’t have insurance? If the at-fault driver doesn’t have insurance, you may still be able to recover damages through your own insurance policy, such as uninsured motorist coverage. Our attorneys can help explore all possible options and help you pursue fair compensation.
• How long will it take to resolve my car accident case? The timeline for resolving a car accident case depends on several factors, including the severity of your injuries, the complexity of the case, and whether the insurance company is willing to settle. Some cases can be resolved within a few months, while others may take longer, especially if a lawsuit is necessary.
• Can I file a lawsuit if the insurance company offers a settlement? Yes, you can file a lawsuit if the insurance company offers a settlement that you feel is insufficient. If negotiations do not lead to a fair resolution, our attorneys are prepared to take your case to court and fight for the compensation you deserve.
• What is the statute of limitations for filing a car accident lawsuit in Florida? In Florida, the statute of limitations for filing a car accident lawsuit is two years from the date of the accident. It’s essential to begin the legal process as soon as possible to ensure you have enough time to prepare your case and avoid missing the deadline.
• How can I get a free consultation with a car accident lawyer in Boca Raton? You can schedule a free consultation with one of our experienced attorneys by calling (561) 823-5769 or filling out our online contact form. We’ll review the details of your case, explain your options, and help you understand how we can assist in securing the compensation you deserve.
• What if the insurance company tries to blame me for the accident? If the insurance company attempts to blame you for the accident, it’s crucial to have an attorney handle the negotiations. At Hersh Kirtman Injury Law, we will counter these tactics by presenting strong evidence of the other party’s fault, protecting your rights and ensuring fair compensation.
• What are the most common causes of car accidents in Boca Raton? Common causes of car accidents in Boca Raton include distracted driving, speeding, driving under the influence, failure to yield, and running red lights. If you’ve been involved in an accident caused by another driver’s negligence, our attorneys can help you prove fault and recover damages.
• What should I do if I’m involved in a hit-and-run accident? In the case of a hit-and-run accident, it’s vital to report the incident to the police immediately and try to gather as much information as possible, including any potential witnesses or surveillance footage. Our attorneys can assist in tracking down the responsible driver and help you recover compensation through your insurance policy if the driver cannot be identified.