The Law Office of Eric Luckman is a focused and specialized personal injury law firm representing the rights of individuals in Delray Beach who have been injured as a result of someone else’s actions.
Our team is focused on protecting victim’s rights and we are available 24/7 to answer your call. If you suffered harm due to someone else’s negligence or wrongful actions, please call to discuss your unique case with our team. When you speak to our team, you will be able to schedule a FREE CONSULTATION with our experienced personal injury attorney who will help you understand your legal rights.
While the following FAQ is not a substitute for an in-depth discussion of your specific circumstances, we hope it provides some initial answers as you consider taking legal action to receive the compensation that Florida law provides and that you deserve.
What is a personal injury lawsuit?
The U.S. legal system is divided into separate courts for civil and criminal actions. Criminal lawsuits are brought by government officials to punish a party for violating the law. In contrast, a civil lawsuit is brought by an individual. In personal injury cases, a civil suit seeks redress for the wrong done to an injured person. The suit seeks to compensate the victim for injuries that were caused by the decisions of another individual (or, sometimes, an organization). In some cases, personal injury cases may also be brought by other individuals whose lives were impacted by the victim’s injuries. If the victim is a child or is unable to effectively represent their own interests, the court may allow a loved one to act on the victim’s behalf.
Why should I use a personal injury attorney rather than accept a settlement offer or represent myself?
When you hire a personal injury attorney, you get an legal professional who uses his experience and knowledge of the legal system to help you obtain the best result for your unique case. This process involves applying the attorney’s broad knowledge of the personal injury arena to the specific facts of your injury and the incident that caused it. Having an experienced guide in the legal process will ensure that your interests are represented and that you receive the compensation that Florida law provides.
Initially, your attorney will help you determine whether you have a case, discuss the relevant legal framework, and ensure that all necessary parties are included in the lawsuit. Many times, personal injury cases are resolved before trial using negotiation tactics that are informed by the attorney’s understanding of fair settlement values. Some defense attorneys and insurance companies will make an initial settlement offer and discourage the victim from engaging legal counsel. These offers are often made for much less than the case is worth. The decision to accept or reject an offer always belongs to the client, but your attorney can give experienced insight and advice. Simply having counsel will often raise settlement values considerably.
Settlement offers are also much higher when it is clear that you are willing to take the case to trial. Your lawyer will make sure that the case is ready for court should negotiations fail to result in a fair offer. Victim’s attorneys are skilled trial lawyers who know the rules governing the civil law system and can act as your advocate before a judge or jury.
What types of compensation can be awarded in a successful personal injury suit?
Florida law offers three primary categories of damages in civil personal injury cases: Economic damages; Non-economic damages; and Punitive damages.
Economic damages are the monetary costs of your injury. This includes medical costs as well as other necessary expenses such as help with transportation or household tasks that the victim is unable to perform as a result of the injury. Lost income is also a common part of an economic award and can sometimes include the value of unpaid work such as homemaking or child-rearing. Economic damages can also include estimated future expenses related to the injury where longer term costs are reasonably expected.
Compensation for pain and suffering is an element of non-economic damages. In this category, the court attempts to provide monetary payments for the more intangible results of the accident. These damages are much more difficult to calculate and not all successful cases include non-economic damages.
While economic and non-economic damages are about compensation, punitive damages are about punishment. High punitive damage awards sometimes make headlines but courts generally reserve punitive damages for more extreme cases such as intentional wrongdoing or gross neglect.
As a further note, Florida law does allow victims to recover for their injuries even if the victim’s own negligence played a role in the events. This is in contrast to some legal systems that bar recovery if the victim was also at fault. In Florida, shared fault is reflected in the amount of the award. If the court finds that the victim bore some responsibility for their injuries, the amount of damages awarded may be reduced to reflect the victim’s share of responsibility.
Can people other than the injured victim recover damages?
In some circumstances, yes. If a loved one misses work to care for the victim, they may be able to recover lost wages. In some circumstances, a court may also include damages to reflect the loss of the victim’s assistance in household tasks or the loss of the victim’s companionship. These damages play a particularly large role in cases of wrongful death or when the victim is incapacitated by the injuries.
How long do I have to bring my lawsuit?
The vast majority of legal claims are subject to a statute of limitation. Personal injury cases can fall under a number of different legal principles and the relevant limitations period depends on the precise claims involved in your suit. Most, but not all, personal injury suits are claims for negligence. In Florida, negligence claims must be brought within four years of the incident. If the injury is not immediately apparent, the limitations period begins at the time a reasonable person would have discovered the harm.
Even though victims usually have four years to bring their injury claims, it is always best to engage an attorney as soon as possible. Obtaining counsel in a timely manner ensures that evidence is not lost and that witness memories are fresh. Your attorney will be better able to represent your rights if contacted soon after the injury occurred.
How much does it cost to use a personal injury attorney?
Most personal injury attorneys who represent victims are paid on a contingent fee basis. This means that you only pay attorney’s fees if you recover damages for your injuries. This system helps ensure that victims can afford representation. It also means that your attorney has a direct, financial interest in helping you receive the maximum compensation that the law allows.
At The Law Office of Eric Luckman, all potential clients receive a free consultation. While a member of our staff may take your initial phone call and help you schedule the meeting, the consultation will be directly with Attorney Luckman and he will apply his legal education and experience to the facts of your unique case. We believe you should be fully comfortable with the attorney who will be representing you. The consultation allows you to meet your lawyer, ask questions about his work, and begin forming the team relationship that is essential to a successful case.
About The Law Office of Eric Luckman:
The Law Office of Eric Luckman opened its doors in 1996 to serve victims in Delray Beach and the surrounding communities. Attorney Luckman, a 1983 graduate of the University of Miami School of Law, brought his years of experience in personal injury matters to the firm. Martindale-Hubbell, the leading system for rating attorneys based on the respect of fellow lawyers and judges, consistently awards Attorney Luckman an AV-rating (its highest possible rank). He is also an active member of the Palm Beach County community and has lectured to other members of the legal community on personal injury matters.
Our firm is a specialized practice, ensuring we can provide experienced representation to our clients. We take only take cases in the areas of personal injury and wrongful death matters, HMO and insurance disputes, legal malpractice lawsuits, and homeowners/condominium association issues. Attorney Luckman and his team are proud to be professionals representing victims seeking redress in Florida courts. Please call to talk to our team and schedule a free consultation with Attorney Luckman to discuss your unique case.
About Delray Beach:
Delray Beach is a vibrant and growing town located on the Atlantic coast in Southern Palm Beach County. The Downtown Delray Beach Arts district is home to galleries, museums and theaters. The town’s beaches and golf club provide additional recreation options to both residents and visitors.