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, Weisser, Zoeller, Overbeck & Baxter P.A., today by calling 561.689.8180.

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.

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.

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.

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.

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.

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.

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.

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.

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, Weisser, Zoeller, Overbeck & Baxter 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.

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.

That depends on several factors, including the severity of your injuries, the expenses related to those injuries, the amount of pain and suffering caused by your injuries, and whether the defendant was entirely or partially responsible for your injuries. You can get financial compensation for the overall costs of your injury, and that doesn’t just include medical bills. Injuries tend to impact every area of your life, so you may be able to get monetary recompense for lost work wages and lifestyle changes. All in all, there’s no way to know precisely how much you could recover from your personal injury case without speaking with a skilled legal professional about the specifics of your

To cover the current and future costs of your injury. Many people assume that pursuing a personal injury case will take too much time and energy to be worth it even if they achieve a legal victory. They don’t want to get tied up in court or get saddled with expensive legal fees. Even individuals with a clear-cut case avoid even speaking with a personal injury lawyer. Tragically, many of these people miss out on substantial financial compensation and wind up in debt, paying for medical bills and losing out on wages from work that could have been covered by the responsible party. The fact is that many personal injury cases are settled in a timely fashion and out of court. An ethical personal injury lawyer with integrity can communicate openly and honestly with you about your particular case, letting you know in advance what you should expect.

Our personal injury attorneys are committed to getting our clients the maximum amount of monetary recompense possible. We prioritize clear, open communication to make the entire legal process as easy as possible for the people we serve. When it comes to representing you, we have all the skills, knowledge, and experience required. We also have a stellar record of success to back us up. For example, we secured $20,000,000 for a young woman who suffered a brain injury in an automotive accident. We also won a $9,000,000 settlement for our client when a poorly-installed tire contributed to an injury-causing crash. Those are just a few items from our extensive list of legal victories. So many of our clients are able to cover most or all of the costs of their injuries because we are ready and willing to fight to protect their best interests.

Last Updated : October 24, 2023

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