Boynton Beach Personal Injury LawyerAccident Attorneys Representing Victims in South Florida
Most people do not have enough saved up in case of serious injuries or the wrongful death of a spouse or parent. Often, the only way that victims can financially survive a serious accident is to sue the person or entity responsible for their injuries. Chad Horowitz is an experienced Boynton Beach personal injury lawyer who has blazed a trail in the fight for Florida accident victims and their families. Mr. Horowitz has recovered millions for accident victims and families who have suffered devastating losses as a result of others' negligence. He handles personal injury, car accident, pedestrian accident, and wrongful death litigation.Personal Injury
Personal injury law provides legal recourse for people injured by another person or business. Situations that may give rise to a personal injury lawsuit include car accidents, truck accidents, slip and falls, construction accidents, and medical malpractice. Often, personal injury lawsuits are brought under a theory of negligence. Negligence exists when a defendant owed a duty of care, the defendant breached the duty of care, causation links the breach to the accident, and actual damages were incurred.
The circumstances dictate whether there was a duty of care and whether it was breached. For example, a grocery store owes a duty to keep the premises safe and in good repair for customers whom it has invited onto its property. Thus, if you slip and fall in the store due to a dangerous condition of which the storeowner knew or should have known, you may be able to recover compensatory damages under a theory of negligence. Damages that a personal injury attorney in Boynton Beach may be able to recover include medical expenses, lost income, pain and suffering, and loss of enjoyment of life.
Car accidents are a leading cause of injury and death in Florida. Often, they are results of one or more drivers' negligence. However, Florida is a no-fault insurance state. Under Florida law, each driver is supposed to carry at least $10,000 in Personal Injury Protection (PIP) coverage. If they are injured in an accident, a driver or passenger is supposed to turn to their own PIP coverage first. The coverage is for medical bills and lost wages that they suffered in the accident, irrespective of fault.
You can go outside PIP coverage for injuries arising out of car accidents under certain circumstances. If you suffer permanent injuries, you can sue an at-fault driver. Similarly, if your medical bills are more than $1,000 in PIP coverage, you can sue for the medical bills not covered by PIP coverage. Permanent injuries under Florida Statute section 627.737 include the permanent, significant loss of an important bodily function, a permanent injury within a reasonable degree of medical probability, some permanent, significant scarring or disfigurement, or death. For permanent injuries arising out of a car accident, you can recover not only your medical bills and lost wages but also subjective losses like pain and suffering.
Most car accident lawsuits require proof of another driver's negligence. All drivers owe a duty to operate their motor vehicles while using reasonable care to avoid injuring or endangering others. Drivers can breach the duty to use reasonable care in many different ways, including speeding, texting while driving, drunk driving, aggressive driving, tailgating, and failing to obey traffic signals and signs. A Boynton Beach personal injury attorney can help victims hold drivers accountable for these behaviors.Pedestrian Accidents
According to the National Highway Traffic Safety Administration (NHTSA), a pedestrian is injured every seven minutes. Some reasons for pedestrian accidents include speeding in residential areas, failure to yield, lack of crossing devices, and driver intoxication or fatigue. Since pedestrians have no buffer between a car and them, they can suffer devastating injuries even in a slow-moving crash. Often, at-fault drivers can be held accountable for the injuries caused by their negligent driving.
However, sometimes accidents are partly caused by dangerous pedestrian behavior. Pedestrians are supposed to follow various laws. If they violate these laws, they might be partly at fault for their injuries. Florida follows the rule of pure comparative fault. This means that your recovery will be reduced by your proportion of fault, if any. For example, if the damages are $500,000, and you are found to be 20% at fault, while the driver is 80% at fault, you can recover 80% of the damages ($400,000) from the at-fault driver.Wrongful Death
Sometimes accidents result in fatal injuries. Under Florida Statutes section 768.19, the estate of a decedent can sue for wrongful death if the decedent's death was caused by the wrongful act, default, breach of contract, or negligence of another person or entity. Our Boynton Beach personal injury lawyers can help you bring this type of claim. The personal representative of the estate is supposed to file the actual lawsuit, but it is filed on behalf of the decedent's estate and surviving family members. Surviving family members who can recover damages include a spouse, children, parents, and blood relatives and siblings with partial or full dependency on the decedent. The personal representative is supposed to specify the survivors with an interest in the case.
A Florida wrongful death lawsuit needs to be filed within two years of the date of the death. There are certain circumstances in which the deadline could be tolled, but it is important to consult an attorney as soon as you realize that you may have a wrongful death claim. Over time, necessary evidence can vanish. Wrongful death damages may include loss of companionship and guidance due to the loss of a parent, mental and emotional pain and suffering because of the loss of a child, and medical and funeral expenses paid by family members. The decedent's estate may be able to recover lost wages and earnings that the decedent could reasonably have been expected to make had they lived and medical and funeral expenses paid by the estate.Consult an Experienced Personal Injury Lawyer in Boynton Beach
Attorney Chad Horowitz represents individuals and families harmed through the negligence of others in personal injury, car accident, pedestrian accident, and wrongful death litigation in South Florida. He is a former insurance defense attorney and understands how insurance adjusters evaluate cases. He is adept at figuring out solutions that may not be immediately apparent to attorneys who do not have the same insights into the other side. He aims for the greatest recovery possible so that all that a client needs to do is recover from their injuries. He returns telephone calls and follows through on promises made. If you are searching for an experienced litigator dedicated to pursuing the best available outcome, Chad Horowitz is the one you want. Call him at (888) ONE-YOU-WANT (663-9689) or complete our online form.