Delray Beach, FL Car Accident & Personal Injury Lawyers
Delray Beach, Florida, a town of 60,000 souls, has no shortage of admirers. USA Today Travel named it “America’s Most Fun Small Town,” and others know it as the “Jewel of Palm Beach County.” With two miles of public beachfront along State Route A1A; the Marina Historic District; scuba diving and snorkeling attractions, such as the Delray Wreck; the Delray Beach Open tennis championships; and a revitalized nightlife, Delray Beach has plenty for residents and tourists alike to see and do.
In addition to the world-famous Route A1A, Delray Beach is served by several other major thoroughfares, including the Turnpike and Interstate 95 bordering the downtown area. Not all is sunny and bright in Delray Beach, however – with locals and tourists rubbing shoulders on the beach and along the freeways, accidents are bound to happen.
It’s bad enough to suffer a serious accident. When the accident turns out not only to have been avoidable but to have been caused by someone else’s carelessness, you are entitled to compensation under personal injury law. The professional but streetwise attorneys at Brian D. Guralnick Accident Lawyers understand where you are coming from, because they have fought for the rights of clients just like you on many occasions. Our main practice areas include:
Bicycle accidents are frequently catastrophic because bicycles lack the protection provided by automobiles. In Delray Beach, the situation is even worse – its bicycle accident death rate is the highest in the nation, and over 7,000 people are injured every year. Some of the most common causes of bicycle accidents in Delray Beach include failure to take blind spots into account, failure to yield the right-of-way, opening doors into traffic, texting, and intoxication.
With its plentiful lakes and beaches, is a boater’s paradise. It is also prime for boating accidents. There are numerous causes of boating accidents. Some of these causes – speeding, racing, intoxication, and improper maintenance – are common to car accidents. Other causes, such as ignoring wake warnings and dock injuries, are peculiar to boating accidents. Cruise ships, on the other hand, present risks that are more common to land-based accidents, such as slip and fall accidents and food poisoning.
Florida instituted a no-fault car insurance system because its courts were jammed with car accident lawsuits that arose from the hundreds of thousands of injury accidents that the state suffers from every year. Although the no-fault system prevents injured parties from filing a lawsuit or even a third-party claim against an at-fault driver’s insurance company, if your injuries are serious enough, you can exit the no-fault system and file a lawsuit or a third-party claim (or both). Our Delray Beach car accident attorneys combine decades of experience in auto accident cases with sound, time-tested legal strategies for securing maximum compensation.
Riding a motorcycle might seem like riding a 21st century version of a magic carpet, at least until an accident happens. The combination of horsepower, lack of frame protection, low visibility, and oblivious motorists makes motorcycles more dangerous than either cars or bicycles. Two unfortunate aspects of motorcycle accidents are that (i) they are particularly likely to be the other driver’s fault, and (ii) serious injuries are particularly common. Brain damage, spinal cord injuries, paralysis, coma, neck injuries, and broken bones are all too common.
Walking is a lot more dangerous than it looks in – Florida suffers one of the highest pedestrian accident rates in the United States with over 9,000 injuries per year. In fact, pedestrians are injured every single day right here in Palm Beach County. The most common reasons for pedestrian accidents caused by a motorist are failure to yield, texting while driving, drunken driving, and turning into a busy crosswalk.
In Florida, as well as elsewhere, property owners and tenants are required to exert a reasonable effort to ensure the safety of visitors to their premises, including retail customers, social guests, and sometimes even trespassers. Just any type of injury accident can create liability under premises liability if the owner or tenant failed to remedy or warn of certain dangerous conditions. In some cases, a tenant can even sue a landlord for the wrongful conduct of another tenant.
Slip and Fall Accidents
Slip and fall accident lawsuits are common in courts. These kinds of injuries, moreover, are often long-term or even permanent, especially if the victim is elderly. Slip and fall accidents can occur for many different reasons – icy steps, missing guardrails, slippery floors (leading to occasional “banana peel lawsuits”), uneven pavement, and potholes are just a few of the defective conditions that can result in liability. Since proving liability can be complicated in many cases, the services of a top-tier personal injury lawyer can be invaluable.
An automobile or a motorcycle is no match for an 18-wheeler rig or even a medium-sized truck. In the wake of thousands of Palm Beach County truck accidents per year, Delray Beach sees its share of truck accident lawsuits. The same primary causes show up again and again – distracted driving, driver fatigue, tailgating, hydroplaning, and jackknifing are among the most common. You can sometimes sue both the driver and the trucking company.
Personal injury lawsuits are inappropriate when the victim dies in the accident. Instead, a wrongful death lawsuit is called for. Florida requires a wrongful death lawsuit to be filed by the personal representative of the victim’s estate, although some of the proceeds can go directly to survivors (the rest goes into the estate). Damages might include funeral expenses, medical bills, loss of financial supports, loss of future earnings, loss of companionship and guidance, and emotional suffering (if the victim was a child).
Frequently Asked Questions (FAQs)
What kind of evidence can be used to support a personal injury claim?
Evidence is king in personal injury cases – without it, you simply cannot win. Many different types of evidence can be collected, including:
- Witness statements
- Witness testimony
- Expert testimony (an accident reconstruction specialist, for example)
- X-rays and other medical records
- Police reports
- Bloody clothes
- Death certificate (in a wrongful death case)
Sometimes, evidence is excluded by the Evidence Code. You might have trouble, for example, submitting a photocopy of a death certificate or oral testimony on the contents of a police report (if a written version is available).
How should I select an appropriate personal injury lawyer to represent me?
A top personal injury lawyer should possess the following qualities:
- He or she should specialize in personal injury law. Asking a lawyer, for example, to represent you in your personal injury claim is like asking a kidney specialist to perform open-heart surgery.
- He or she should have many years of experience in personal injury law.
- He or she should have plenty of trial experience. A skilled settlement negotiator who has never been to trial is unlikely to be taken seriously by an insurance company, because he or she cannot “pull the trigger” on the claim by winning a lawsuit, leaving the insurance company with nothing to fear.
- Honesty, loyalty, brilliance, aggressiveness, and fearlessness. These personal qualities cannot be learned from studying out of books.
How much is my case worth?
Without examining the facts of your particular case, it is difficult to give a precise answer to this question. Some of the most important factors in determining the value of a case are:
- The severity of your injuries
- The duration of your disability
- The type of injuries you suffered (how expensive are they to treat?)
- How much physical suffering was involved
- The degree to which your injury prevents you from performing daily life activities, such as exercising and bathing
- How much work time you lost
- Whether your injuries affected your long-term occupational marketability
- The extent (if any) to which the accident was your fault
- The effectiveness of your personal injury lawyer
What is negligence?
Negligence is the “legalese” word for carelessness. It refers to the defendant’s failure to exercise the same degree of care that a “reasonable person” would be expected to exercise under the circumstances of the accident.
Since negligence can take so many forms, there is no specific formula to determine whether a particular action or failure to act was negligent – it all depends on the extent to which your lawyer can convince the court that a “reasonable person” would have exercised greater care than the defendant did.
Proving negligence alone will not win a lawsuit – you must also prove that the defendant’s negligence was the actual cause of the accident. Even a drunken driver, for example, can win a lawsuit if he or she can prove that the accident would have occurred even if the driver had been “sober as a judge.”
Brian D. Guralnick Injury Lawyers Today
If you have been injured in the Delray Beach area, Brian D. Guralnick Injury Lawyers today for your free initial consultation by calling (561) 983-4395 or by submitting your questions on our online request form.