Boca Raton Personal Injury Attorneys

January 27, 2020

by Donaldson & Weston


No amount of foresight can prepare a person for the physical, emotional, and financial impact of a serious injury or wrongful death in the family. Even if you carry insurance for such events, your policy may not cover all of the damages you incur and might exclude certain damages entirely. Fortunately, it may be possible to collect compensation from the party responsible for the accident. Our personal injury lawyers in Boca Raton can help you make strategic decisions and pursue the funds you need to restore economic stability.

We have won substantial settlements and verdicts against some of the largest insurance companies in Florida. We handle claims against private citizens, small businesses, large corporations, and government entities. Contact a personal injury attorney today at 561-299-3999 to set up a free, no-obligation case review.

Types of Personal Injury Cases We Accept in Boca Raton

  • Boat Injuries
  • Spinal Injuries
  • Elder Neglect
  • Car Accidents
  • Accidents Involving Intoxicated Drivers
  • Motorbike Crashes
  • Pharmacy Errors
  • Bike Accidents
  • Nursing Home Neglect
  • Brain Trauma
  • Burn Injuries
  • Civil Assault
  • Wrongful Death
  • Other Personal Injury Cases

Is It Possible to Bring a Personal Injury or Wrongful Death Claim Against a Government Entity?

Yes. If you can prove that the negligence or intentional misconduct of a government employee was a proximate cause of your injury, and it can be shown that the employee was acting within the scope of his or her employment when the tort occurred, you may be able to bring a claim against a government entity. For instance, a government entity may be liable for your damages if you were hit by a government vehicle, were involved in a car accident due to poor road conditions or negligent road design, or slipped and fell on a government property.

Bear in mind, however, that the process of bringing a tort claim against a government agency is not the same as that for pursuing damages against a private individual. For example, the statute of limitations for most personal injury cases is four years from the date of the injury, or from the date when the cause of action was discovered or should have been discovered. That means if you try to file a lawsuit after four years has passed since the injury occurred, it is almost certain that your case will be dismissed.

There are different deadlines, however, that apply to personal injury claims brought against government entities. First, you must submit a written notice of the claim to the relevant agency. You must then allow for a 180-day investigation to take place. If your claim is denied, you will have three years from the date of the injury to file the lawsuit. If you intend to bring a wrongful death claim, the lawsuit must be filed within two years of the date of death.

If you believe a government entity may be liable for your damages, it is critical that you reach out to a Boca Raton personal injury attorney as soon as possible. Given the shorter deadlines that apply to these cases, it is especially important that your lawyer is able to conduct an investigation right away.

Can I Sue a Business Establishment for the Negligence of Its Employees?

Under some circumstances, yes, it is possible to hold a business vicariously liable for the negligence of its employees. For vicarious liability to apply, however, you must be able to prove that:

  • The party who caused your injury was an actual employee rather than an independent contractor;
  • The employee was performing duties within the scope of his or her employment when your injury occurred; and
  • You were injured due to the employee’s negligence or intentional misconduct.

There are many scenarios when businesses may be held liable for the negligence of their employees. Common examples include:

  • A staff member at a grocery store, retail outlet, or other commercial property mopped the floor without posting a “wet floor” sign, and a customer subsequently slipped, fell, and suffered an injury;
  • A truck driver who worked for a motor carrier caused an auto accident; and
  • A government employee caused an auto accident while driving a vehicle for work-related purposes.

What If the Opposing Party Asserts That I Have Failed to Mitigate My Damages?

As your Boca Raton personal injury attorney can explain, there are many strategies the defendant or their insurance company might use to reduce your payout or to deny your claim outright. Even if there exists clear evidence of liability and causation, the opposing party might still dispute your damages. One type of damages dispute arises when the defendant asserts that the plaintiff has failed to mitigate his or her damages.

Every personal injury claimant has a duty to take reasonable measures to minimize the damages they incur as a result of the tort. This is called “mitigating damages.” You might be accused of failing to mitigate your damages if:

  • You put off your doctor’s visit for a significant amount of time despite recognizing symptoms of your injury;
  • You disobey your doctor’s orders by missing follow-up appointments, failing to fill your prescriptions, returning to work too early, failing to rest for the prescribed amount of time, or failing to complete your rehabilitation program; or
  • You participate in activities that aggravate your injury or prolong your recovery.

You might assume that there’s no way the insurance adjuster could find out that you’ve returned to work too early or gone out with friends against your doctor’s orders. But it is not unheard-of for personal injury claimants to be placed under surveillance, and it has become common practice for adjusters to monitor claimants’ social media activity. At the end of the day, it is in your best interests to obey your doctor’s instructions and to do whatever you can to facilitate your recovery.

A personal injury attorney in Boca Raton can explain how you can avoid disputes that have the potential to delay the proceedings or to reduce your potential settlement or verdict. If you’re ever concerned about how a particular decision or activity might impact your case, we will be just a phone call away to provide the advice you need to make informed decisions.

Call 561-299-3999 to Speak with a Boca Raton Personal Injury Lawyer

You can reach us online via our Contact Page or call our personal injury attorney at 561-299-3999 or send us a message to speak with one a personal injury attorney in Boca Raton, Florida.