Are you or someone you love a Boca Raton resident who has been injured due to someone else’s negligence or wrongdoing?
If so, the team at The Law Office of Eric Luckman is here to help. We are dedicated to helping personal injury victims in Boca Raton recover the damages that they suffered through the fault of others. These damages are your right under the law and we are committed to helping you recover by guiding you through the legal process. We are available 24/7 to take your call and ready to help.
The following is not a substitute to our free consultation, but does provide quick answers to some frequently asked questions.
What is a personal injury lawsuit and who can file one?
A personal injury lawsuit is an action, brought in civil (as opposed to criminal) court, by someone who has suffered an injury because of the actions (or, in some cases, inaction) of another individual. The injury is most often physical. In limited circumstances, emotional injury can be part of a personal injury suit.
Most often, the plaintiff in a personal injury suit is the person who suffered the injury. If the injury led to a wrongful death, it is usually the next-of-kin who has the right to file the case. Parents can file a lawsuit on the behalf of a minor child. If the victim is an adult but is unable to bring the suit due to incapacity, a representative can be appointed to act on the victim’s behalf.
As a quick additional note, individuals can still bring a personal injury lawsuit in Florida even if their own actions were a factor in the incident. If the victim’s own negligence contributed to the injury, the damages may be reduced to take that factor into account. However, a victim can still recover even if their own actions contributed to the injury.
Why do I need a personal injury attorney? What will my attorney do?
Your attorney in these matters is essentially your guide through the complex legal system. Your attorney will first help you determine whether a valid claim exists. The attorney will also make sure that all proper parties are included in the lawsuit. You will work with your lawyer to discuss the facts and your attorney will use legal knowledge and experience with the system to file appropriate paperwork. Your attorney will talk to the opposing side’s lawyers. Personal injury attorneys are skilled negotiators and will first attempt to settle the dispute out of court if the other side makes a fair offer. However, it is always up to you to decide if you will agree to the settlement. If necessary, your attorney will represent you in court and at trial to ensure that all relevant evidence is heard.
Your attorney is your legal advocate and will make sure your rights are protected and you receive the compensation the law allows. In some cases, an insurance company or other party may try to get you to settle without legal counsel. Those making such offers are focused on the interests of others. You need legal support focused on your rights and your interests.
What type of recovery is available in a personal injury lawsuit?
Victims can recover for the economic losses suffered as the result of the wrongdoing. This commonly includes medical expenses and lost income. Other expenses stemming from the incident can also be recovered, such as the need for help in household chores. Where the injury will be permanent or long-term, future economic damages can also be awarded.
Non-economic damages may occasionally be available, such as damages for pain and suffering. These damages are, of course, more difficult to calculate.
In some cases, other individuals can recover damages related to the injury of a loved one. Where the victim was the primary caregiver to children or the primary person responsible for cleaning and other household duties, damages may be available to reflect the loss of these services. In some cases, wages lost while caring for an accident victim, can also be recovered. Non-economic damages may be available, especially when the injury results in death, to reflect the loss of companionship.
Extreme cases can result in punitive damages. These damages are intended as punishment for the wrongdoer and are usually only awarded where intentional conduct or gross negligence is proven.
What is a statute of limitations? When should I bring a personal injury lawsuit?
No matter how valid, most legal claims are subject to a statute of limitations. The statute of limitations requires that claims be filed in a timely matter. This is to ensure evidence is available, memory is fresh, and finality is provided to all involved.
Most personal injury cases are based on a negligence claim. Generally, Florida requires that negligence cases be brought within four years of the incident that caused the injury. There is an exception in cases where the injury is not immediately apparent that does allow the time limit to begin running when the injury is, or reasonably should have been, discovered. While four years applies to most personal injury claims, the period can vary depending on the precise nature of the claim and is shorter in some cases.
Beyond the legal limitations period, acting quickly is always important. We want to be able to investigate your claim while the evidence, including the memory of possible witnesses, is fresh. Of course, obtaining medical care should be the first concern after an injury. However, the sooner you contact legal representation, the better equipped your attorney will be to help you recover.
How much will it cost me to hire an attorney?
In most injury cases, we operate on a contingency fee system. This means that you do not pay any attorney’s fees or costs unless you win your case. We believe in fighting for our clients and we put our own compensation on the line.
The Law Office of Eric Luckman also offers all potential clients a free consultation. You will speak directly with Attorney Luckman to discuss your case, your injuries, and your legal rights.
About Our Firm:
Eric Luckman is recognized as one of Florida’s leading civil trial attorneys. He consistently receives the highest-possible rating from Martindale-Hubbell, a survey that reflects the respect of other attorneys and judges in our community. He has served in leadership roles in Palm Beach County and has lectured to other attorneys on personal injury matters. Attorney Luckman has practiced law in our region since graduating from the University of Miami School of Law in 1983.
After working with other law firms and honing his legal skills, The Law Office of Eric Luckman opened in 1996 to serve Boca Raton and the surrounding communities. We focus our practice on personal injury and wrongful death claims, insurance and HMO related disputes, legal malpractice claims, and claims involving condominium and homeowners associations. We are, in the simplest terms, a victim’s rights law firm.
About Boca Raton:
Boca Raton has undergone many changes since it was first settled in 1895. Today, the city proper is home to over 86,000 residents. The temperate climate allows residents to enjoy the nearly 1500 acres of parkland available in the city as well as beautiful beaches. Residents also benefit from a strong arts and culture community that includes the Caldwell Theatre which opened in 1975 and is reported to be South Florida’s longest running professional theater company.