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Frequently Asked Questions

If you’ve been injured or have fallen ill because of another party’s wrongdoing, it’s normal to have a number of questions about what your rights are in this situation and who you can turn to for help. That’s why we’ve compiled the following list of some of the questions we’re asked most frequently by clients and potential clients, along with their answers. We hope this provides you with the help and guidance you need at this time. If your question isn’t listed here, or if you would like to discuss your situation in greater detail, feel free to contact the experienced West Palm Beach personal injury lawyers at Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., today by calling (561) 689-8180.

Should I file a personal injury claim?

If you have been injured as the result of another’s actions, you should at least consult with an experienced personal injury lawyer to better understand what legal actions may be available to you. As your attorney will be able to more fully assess, the financial consequences of a serious injury may continue to affect you long after you have made an initial recovery from the injuries. With that in mind, any personal injury claim you file will be intended to help you recover all or part of the damages you sustained as part of your accident.

Will it ever be too late for me to file a personal injury claim?

Once you discover that you have sustained an injury, you will only have so long to file a personal injury claim before it will become impossible to do so any longer. While these restrictions (also known as statutes of limitation) are often specific to the kind of accident you were injured in, citizens of Florida generally have four years to file a claim. With all of this in mind, you should speak with a personal injury lawyer as soon after you learn of your injury as you can in order to best ensure that you will be able to pursue legal action.

How much compensation can I expect from my personal injury claim?

Since every case will present its own unique set of circumstances, there is no good way to predict exactly how much compensation you can expect without knowing more about your case. Generally speaking, however, most personal injury claims are intended to help victims cover things like medical and rehabilitative care, pharmaceuticals treatments, loss of income, diminished capacity to earn income, and any emotional suffering they experienced. To learn more about what you can expect in your case, you should speak with an experienced personal injury attorney.

What kind of evidence can help me pursue my claim?

Any physical evidence you can present to the court to support the claim that you are making will be beneficial to your case. With that in mind, medical evaluations, police citations, testimonials, and photographs can all be highly beneficial to you as you and your attorney develop your legal strategy. In any case, your attorney will be better able to help you determine exactly what evidence you will need to produce as you both pursue your claim.

Can I still make a personal injury claim if I was partially at fault for the accident?

Even if you are found to be partially at fault for the accident you were injured in, you may still be able to gain compensation for the damages you sustained. Following a pure comparative negligence rule, the state of Florida limits the total amount of compensation that victims may recover to an amount that is commiserate with the percentage of fault the victim is found to share. As such, if a victim is found to share 25% of the fault for an accident where the total damages amounted to $10,000, the victim would only be awarded $7,500.

What is the difference between compensatory and punitive damages?

When a plaintiff files a claim against a negligent or reckless third party, they may be eligible to receive a monetary reward in the form of either compensatory or punitive damages. Compensatory damages are awarded to the victim of an accident to provide compensation for any resulting injuries and medical expenses, repair damages, or lost wages. On the other hand, punitive damages are awarded as a form of punishment or deterrence against the liable party. Punitive damages are only awarded if the misconduct was intentional, or if the defendant was knowingly disregarding the rights of others.

What does the term “statute of limitations” refer to?

The statute of limitations is generally referred to as the amount of time one can legally file a claim against a third party and be eligible for a settlement for a crime committed. In Florida, for example, the statute of limitations for injury to a person or personal property is four years. If you fail to file a personal injury claim within this length of time, you will no longer be eligible for any form of legal compensation. As such, if you are considering filing a personal injury claim, it is advisable to reach out to a qualified attorney as soon as possible.

What is product liability?

When a consumer purchases a product, they have the right to expect that that product will not cause them unreasonable harm when used in accordance with its original purpose. When a defective appliance, pharmaceutical, or child product causes illness or injury, the manufacturer will be held liable. It is the responsibility of product manufacturers to ensure that the design, construction, and labeling of a product will not endanger innocent consumers. If you encounter a defective product, a product liability lawyer can help you file a claim to receive compensation for your injuries and related expenses.

How long will my case take?

Although one of our skilled attorneys will be able to give you a time estimate on your case, it is impossible to accurately nail down the exact amount of time the legal process will take. Depending on the nature of your case, it could take anywhere from a few days to several years to resolve. Additionally, you will have the option to reach a settlement with the court, or wait for a judge to hand down a decision. Fortunately, the attorneys at Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A. are experienced in a broad number of practice areas, and are prepared to help you achieve a desirable result in as little time as possible.

What is a wrongful death claim?

If you have experienced the loss of a loved one due to the negligent or reckless actions of another, you can file a wrongful death claim with the help of a personal injury attorney to hold the responsible party accountable. Although the rewards for filing a claim will never be able to make up for the pain you and your family are experiencing, compensation earned from the liable party can help you deal with resulting financial burdens.

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