WEST PALM BEACH
CAR ACCIDENT
West Palm Beach Accident Lawyers
A car accident in West Palm Beach can leave you feeling overwhelmed, unsure of what to do next, and worried about the future. Whether it’s dealing with injuries, financial strain, or dealing with insurance companies, the decisions you make in the days following a crash can significantly impact the outcome of your case.
Having a skilled West Palm Beach car accident lawyer matters. At Lesser Lesser Landy & Smith, we have handled thousands of car accident cases in our long history and we’ve seen firsthand how critical it is to get things right from the start. Our team works closely with you from day one, helping you avoid common pitfalls and ensuring your rights are protected at every step.
The process can feel like a maze, but with the right guidance, you’ll know exactly where to turn and what needs to happen to secure the compensation you deserve.
Immediate Steps to Take After a Car Accident in West Palm Beach
After an accident, it’s easy to feel rattled, but the actions you take immediately afterward can play a significant role in the outcome of your case. Here’s what you need to do:
- Call 911 and report the accident
Obviously, your health and safety are your first priority. This also creates an official record of the crash, which is key for your case. Police reports can serve as a neutral, third-party account of what happened. - Seek medical attention even if injuries seem minor
Sometimes injuries don’t show up right away, and delaying treatment can hurt both your health and your case. Insurance companies may argue that your injuries aren’t serious if you don’t seek immediate medical care. - Document the scene
Take photos, videos, and gather witness information. This evidence can help prove fault and paint a clear picture of what happened. It’s much harder to gather this later, so doing it right away is important. - Avoid admitting fault or discussing the accident too much on the scene
Even a simple apology can be twisted into an admission of guilt, which could hurt your case. Let the professionals sort out who is at fault. - Exchange insurance and contact information with other parties
This is a standard step, but be sure to get as much information as possible, including details on the vehicles involved. - Notify your insurance company right away
Florida law requires you to report an accident to your insurance provider within a reasonable time. Failing to do this could delay or complicate your car accident claim.
At Lesser Lesser Landy & Smith, we guide you through these critical first steps so that every action you take strengthens your case rather than weakening it.
Dangerous Intersections in West Palm Beach
Several intersections in West Palm Beach are known for frequent car accidents. High traffic volumes, complex road layouts, and congestion make these areas particularly hazardous for drivers.
Notable Dangerous Intersections:
- Palm Beach Lakes and Village Boulevards: Multiple lanes and confusing traffic signals make this intersection prone to accidents.
- Military Trail and Okeechobee Boulevard: This busy intersection sees frequent accidents, with congestion and high-speed traffic being major factors.
- Palm Beach Lakes Boulevard and Robbins Drive: Known for its heavy traffic, this intersection is a common site for car crashes, often involving severe collisions.
- Congress Avenue and 45th Street: Frequent accidents occur at this intersection, largely due to the high volume of vehicles navigating the area.
If you’ve been involved in a car accident at any of these locations, speaking with a West Palm Beach car accident attorney can help you navigate the claims process and pursue the compensation you deserve.
What Are Your Legal Options After a Car Accident in West Palm Beach?
Florida’s car accident laws can be confusing, especially if you’ve never been involved in a serious crash before. Rather than trying to make sense of complicated insurance rules on your own, having an experienced attorney helps you avoid missing out on potential compensation. Here’s a breakdown of the most important aspects of Florida car accident law and how it impacts you:
- Florida’s No-Fault Insurance Rules
In Florida, all drivers are required to carry Personal Injury Protection (PIP) insurance, which covers your medical expenses and lost wages up to a certain limit, regardless of who was at fault. This means you’ll initially turn to your own insurance company for compensation, even if the other driver caused the accident. - What PIP Covers
PIP insurance is designed to cover medical bills, lost income, and certain other expenses. However, PIP doesn’t always cover the full extent of your damages, especially in accidents with serious injuries. - When and How You Can Pursue a Claim Outside of PIP
If your injuries are severe or your medical bills exceed PIP’s limits, you may be able to pursue a claim against the at-fault driver. At Lesser Lesser Landy & Smith, our West Palm Beach car accident lawyers help you determine when it makes sense to step outside the PIP system and file a claim against the other driver’s insurance. - Comparative Negligence in Florida
Florida follows a comparative negligence rule, which means your compensation can be reduced if you’re found partially at fault for the accident. However, as long as you’re less than 51% at fault, you’re still eligible to recover damages. - How Fault Percentages Influence Compensation
The percentage of fault assigned to each driver directly impacts the compensation you can receive. For example, if you’re found 20% at fault, your total compensation will be reduced by that percentage. Our West Palm Beach attorneys fight to establish fault properly, so you receive the maximum compensation possible.
Why You Need a Lawyer After a West Palm Beach Car Accident
After an auto accident, many people question whether hiring an attorney is really necessary. While it’s true that you aren’t legally required to do so, having a lawyer on your side can significantly improve your chances of recovering the compensation you deserve. Here’s how a West Palm Beach car accident lawyer can make a real difference:
- How a Lawyer Protects Your Interest
A skilled lawyer handles all interactions with insurance companies, gathers critical evidence, and fights to make sure you aren’t shortchanged on compensation. Working with a lawyer helps you protect yourself from settling for less than you deserve. - Investigating the Accident
Determining fault in a crash isn’t always straightforward. A lawyer will launch a thorough investigation to collect physical evidence, police reports, witness statements, and any available video footage. This evidence is key to proving negligence and building a strong case. - Filing Your Claim
The car accident claims process can be confusing, especially if your accident involves more than one at-fault party, like a driver and a vehicle manufacturer. Your attorney will file the personal injury claim correctly with the appropriate parties to minimize the chance of delays or complications. - Proving Damages
It’s not enough to show you were injured—you’ll need to prove the full extent of your losses. A lawyer helps gather medical records, work with experts, and present evidence of damages, including medical bills, lost wages, and long-term care needs. - Negotiating for a Fair Settlement
Insurance companies often offer less than you’re owed, hoping you’ll accept a quick settlement out of frustration. So that your settlement fully reflects the extent of your injuries and losses, your lawyer will negotiate aggressively on your behalf. - Taking Your Case to Court
If a fair settlement can’t be reached, your lawyer will be fully prepared to take your case to trial. Having an attorney with courtroom experience means you’re fully prepared and protected if your case goes to trial.
Common Causes of Car Accidents in West Palm Beach and How They Impact Your Case
Car accidents happen for many reasons, and each cause can change the way your case is handled. Some factors, like distracted driving or poor weather conditions, might seem straightforward but often involve different legal strategies to determine fault and prove damages. The cause of your accident isn’t just a detail—it directly influences how your claim is pursued and what compensation you might receive.
Attorney Actions Based on Accident Causes
- Distracted Driving
Texting or phone use behind the wheel requires clear proof of negligence. Your attorney can secure phone records, traffic camera footage, and witness accounts to show that the other driver wasn’t paying attention. These steps build a solid case for holding the distracted driver accountable. - Drunk or Impaired Driving
Drunk driving cases benefit from the added weight of criminal proceedings. Evidence like breathalyzer results and police reports often play a major role in both the criminal and civil sides of the case. A lawyer will use these resources to strengthen your claim and may seek additional compensation through punitive damages. - Speeding and Reckless Driving
In speeding-related accidents, proving fault can be challenging without clear evidence. If no traffic cameras are present, an attorney might bring in accident reconstruction experts to show how speeding contributed to the crash. Proving reckless driving may also help you recover more in damages, especially if the driver’s behavior was particularly dangerous. - Weather-Related Accidents
Rain, fog, and other weather conditions don’t automatically absolve drivers of responsibility. If someone failed to adjust their driving based on the weather, they could still be held liable. Our lawyers can bring in expert testimony to demonstrate how unsafe driving in poor weather contributed to the accident. - Road Construction and Poor Road Conditions
Liability can be trickier when road conditions or construction zones cause an accident. Instead of just dealing with another driver, your claim may involve holding a government entity or contractor responsible. Cases like these often require detailed investigations to determine who is accountable, and a lawyer will know how to pursue claims against these parties.
Each accident cause presents its own challenges, but our West Palm Beach car accident attorneys will build your case to handle these specific issues and maximize your chances of recovering the full compensation you deserve.
Why Your Injuries Are Only the Beginning: The Real Impact on Your Life and Case
Most people think they understand the impact of their injuries after a car accident—but the truth is, the effects go far beyond the initial shock and pain. What happens in the days, weeks, and months following the accident will shape not only your health but your financial future. Here’s what you need to know:
1. The Hidden Costs of Your Injuries
It’s easy to focus on medical bills and immediate recovery, but what about the long-term consequences? Spinal injuries, head trauma, or even something as seemingly minor as whiplash can lead to permanent disability or chronic pain. These injuries may prevent you from returning to work or fully enjoying your life. Paying today’s bills is only part of the equation. You also need to secure compensation for long-term losses, such as future wages, mobility, and independence.
2. Why Rushing a Settlement Can Hurt You
One of the biggest mistakes car crash victims make is accepting a quick settlement from an insurance company. Many injuries don’t fully reveal themselves for weeks or even months. Accepting money too early could leave you without the resources to cover future medical needs, rehabilitation, or lost wages. Our car accident team will work to prevent you from settling for less than what your injury will cost you in the long term.
3. A Lawyer’s Job Is to Secure Your Future, Not Just Your Present
The role of a West Palm Beach car accident lawyer goes beyond negotiating with insurance companies. We work with medical professionals, life care planners, and financial experts to understand the full scope of your injury’s impact. Whether it’s ongoing physical therapy, potential surgeries, or loss of earning potential, we build a case that addresses everything your injury will cost you in the future—not just today.
4. Why Documentation Is Key to Your Recovery
Medical documentation isn’t just paperwork—it’s the backbone of your case. Every doctor’s visit, therapy session, or specialist consultation paints a picture of your long-term needs. Documenting every step of your recovery allows your attorney to capture all critical details needed to secure the compensation you deserve.
5. The Emotional and Mental Toll Can Be Just as Costly
Physical recovery is just one aspect of the overall impact of an accident. Emotional and mental health effects, like PTSD or anxiety, often surface later and can be just as debilitating. Insurance companies frequently undervalue these parts of your recovery, though they play an important role in building a strong case. Our team collaborates with mental health professionals to properly address your emotional suffering and factor it into your compensation.
The Claims Process After a Car Accident: What to Expect and How to Stay Ahead
After an accident, dealing with the claims process can feel overwhelming. Insurance companies aren’t always easy to work with, and their goal is often to minimize payouts. Knowing what to expect can help you stay ahead of potential roadblocks.
Filing a Claim with Your Insurance Company
IAfter a car accident, the first step is filing a claim with your own insurance company, especially in Florida, where no-fault laws apply. Your Personal Injury Protection (PIP) coverage will pay for some medical expenses and lost wages, but it rarely covers everything. Filing a clear, complete claim quickly is key, and our lawyers will help you prevent mistakes that could delay or reduce your payment.
What Happens If the Other Driver Is Uninsured or Underinsured?
It’s not uncommon to find out the at-fault driver doesn’t have adequate insurance. If that happens, your own uninsured/underinsured motorist (UM/UIM) coverage may kick in. These policies are designed to protect you, but they don’t always pay out as expected. Our car crash attorneys can work to make sure your UM/UIM claim is properly handled and push back against lowball offers.
Dealing with Medical Bills While Waiting for a Settlement
Medical bills often start piling up well before you’ve received a settlement. While your PIP coverage may help, it usually won’t cover the full extent of your injuries. In these situations, a lawyer can help you arrange payment deferrals or liens with your healthcare providers so you aren’t buried in debt while you wait for a fair settlement. This wil prevent creditors from coming after you while your case is still active.
What to Do If Your Insurance Claim Is Denied
Insurance companies may deny claims for many reasons, such as disputes over liability or failure to meet deadlines. If your claim is denied, it’s not the end of the road. An attorney can review the denial, gather additional evidence, and appeal the decision to get you the compensation you deserve. Insurance companies are known for playing hardball, but a well-prepared legal team can push back and reopen the claim.
The Impact of Comparative Negligence on Your Case
In Florida, comparative negligence can significantly affect the compensation you receive. While you’re eligible to recover damages as long as you’re less than 51% at fault, even small shifts in fault percentage can reduce your payout. Here’s how comparative negligence is proven, contested, and negotiated—and why it matters.
How Comparative Negligence Is Challenged
Insurance companies often aim to assign as much fault to you as possible, knowing that every percentage point they shift away from their client reduces the amount they have to pay. They might argue that you were speeding, distracted, or not wearing a seatbelt at the time of the crash. The skilled car attorneys at Lesser Lesser Landy & Smith will gather and present evidence to counter insurance company tactics and protect your percentage of fault.
Why Small Shifts in Fault Can Have a Big Impact
Even a slight increase in your assigned fault can drastically lower your compensation. For example, being found 10% at fault reduces a $100,000 settlement to $90,000, but if that percentage shifts to 30%, you’ll only receive $70,000. Your lawyer’s role is to fight these shifts aggressively, ensuring that you aren’t unfairly blamed for the accident.
Negotiating Fault Percentages with Insurance Companies
Insurance companies often push to settle cases with a higher fault percentage for you. Your lawyer negotiates directly with them, using evidence like police reports, witness statements, and expert testimony to push back against inflated claims of your responsibility. This back-and-forth can make or break your final compensation.
What Compensation Can You Recover After a Car Accident?
After a car accident, compensation covers more than just your immediate medical bills. Here’s a breakdown of what you may be entitled to:
- Medical Expenses
This includes past, current, and future costs related to your injuries, from emergency care to ongoing treatments and rehabilitation. - Lost Wages and Earning Capacity
If your injuries prevent you from working, you can recover compensation for missed income and any reduction in your ability to earn in the future. - Pain and Suffering
Physical pain and emotional distress, such as anxiety or PTSD, are considered when determining your compensation. Pain and suffering damages account for how the accident affects your overall quality of life. - Punitive Damages
In rare cases where the other party acted with extreme negligence or malice, punitive damages may be awarded to punish the responsible party. - Property Damage
You’re also entitled to recover the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.
Your lawyer will address all these areas so that your compensation fully reflects the impact of the accident on your life.
Settlements vs. Going to Trial: What to Expect
Most car accident cases are resolved through settlements, but in some situations, going to trial is necessary. Here’s what you need to know about both options:
- How Settlements Work Settlements are negotiated agreements where both parties agree on compensation without going to court. Most cases settle because it’s faster and less expensive, but working with an experienced car accident lawyer will help you avoid accepting less than what your case is worth.
- Negotiating with Insurance Companies Insurance companies often try to minimize payouts, offering less than you deserve. Your attorney’s role is to negotiate aggressively, using evidence and expert opinions to push for a fair settlement that covers your losses.
- When a Trial Becomes Necessary If negotiations fail, a trial may be the next step. This usually happens when the insurance company refuses to offer a fair settlement. Trials involve presenting evidence and arguments in front of a judge or jury, who then decide the outcome.
- Timeframes for Settlements and Trials Settlements can take weeks to months, depending on the complexity of the case. Trials, on the other hand, often take much longer due to court schedules and legal procedures. Your lawyer will give you a realistic timeline for both options.
This section gives you a clear idea of what to expect, whether your case ends in settlement or moves to trial.
FAQs for West Palm Beach Car Accident Victims
If you’ve been involved in a car accident, you probably have many questions. Here are answers to some of the most common concerns:
What if I’m partially at fault?
Under Florida law, you can still recover compensation even if you are partially at fault, as long as you are less than 51% responsible for the accident. However, your compensation will be reduced by your percentage of fault. For instance, if you are found to be 20% at fault, your compensation will be reduced by that same percentage. If you are more than 50% at fault, you will not be able to recover any compensation.
How long will my case take?
The timeline for resolving a car accident lawsuit depends on several factors, such as the complexity of the accident, the severity of your injuries, and whether the case settles or goes to trial. Cases that settle may resolve in a few months, while those that go to trial can take much longer.
What if the other driver doesn’t have insurance?
If the at-fault driver is uninsured or underinsured, you may still be able to recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage, if you have it. A lawyer can help you file this claim and pursue all possible avenues for compensation.
Do I have to go to court?
Most car accident cases are settled outside of court through negotiations. However, if a fair settlement cannot be reached, your lawyer may recommend going to trial to fight for the compensation you deserve. In that case, your attorney will represent you every step of the way.
How much does it cost to hire a lawyer?
Most car accident lawyers work on a contingency fee basis, meaning you won’t pay anything upfront. Instead, the lawyer is paid a percentage of your settlement or verdict, so if you don’t win your case, you don’t owe any legal fees.
Get the Legal Help You Need—Now
Time is a critical factor after a car accident, and the sooner you hire a car accident attorney, the better your chances of securing fair compensation. Don’t wait until it’s too late. Contact the experienced West Palm Beach car accident lawyers at Lesser Lesser Landy & Smith today for a free consultation. We’ll guide you through your options and fight to protect your rights, so you receive the compensation you deserve. Call us 24/7 at (561) 655-2028 or send us an email using our contact page.Â
