South Florida Injury Lawyer Blog
Unintentional injuries are the leading cause of death in Florida, and the Sunshine State has an unintentional injury rate that’s 13% higher than the national average according to the Florida Department of Health. Top causes include car accidents, falls (particularly among older folks), pedestrian accidents, bicycle accidents, and violence. 
But as far as whether such injuries are grounds to take legal action, such as filing a Palm Beach personal injury claim, there’s a lot of factors that must be considered. In our experience as longtime Palm Beach injury attorneys, there are major misconceptions about when someone can file a lawsuit, how easy it’s going to be, how much they’re going to win (if they win), how fast it will happen, and what sort of stakes personal injury lawyers have in all of it.
So here, we’re busting the top Palm Beach personal injury claim myths we hear most frequently as plaintiff attorneys in South Florida civil tort cases.
Myth No. 1 – I was seriously hurt, so I can sue.
Just because you were hurt does not mean you automatically have grounds for a personal injury claim. First, we have to establish that someone else was at fault in causing that injury, and second that they owed you a duty to use greater care or do things differently. A person injured in a car accident can only sue if the other person was negligent in causing that crash or exacerbating their injuries. And thanks to recent updates to Florida statutes, an injured plaintiff can only collect financially if they can prove they weren’t more than half responsible for their own injuries. T
They also need to make sure there’s actually money to collect. If there’s no insurance coverage and the at-fault person doesn’t personally have substantial assets, you may not have a viable claim.
Another point worth making here is that not every case requires a lawsuit. It is very possible (common, even) to successfully collect fair financial damages without ever setting foot in a courtroom. The key to ensuring what you collect is fair is consulting with a skilled personal injury lawyer.
Myth No. 2 – My friend was injured in the same kind of accident and got a $1 million settlement, so I probably will too.
Our Palm Beach injury lawyers can’t say this enough: No two cases are the same.
Even if the circumstances were substantially similar in both cases (and that’s a big “if”), keep in mind that laws are always evolving. Just as an example, the statute of limitations for Florida personal injury cases used to be 4 years. In 2023, it was cut down to just 2 years. That same year, Florida lawmakers did away with pure comparative negligence – meaning if you shared a percentage of fault for what happened (i.e., you were comparatively negligent), you’re less likely to be able to collect anything at all.
That’s not to say you don’t have a case, but it’s unwise to assume the outcome will be the same as your brother’s best friend’s cousin’s aunt’s.
Also, Florida personal injury cases are far from get rich easy schemes, no matter how tort reform advocates like to spin it. Working with a skilled injury lawyer is your best chance to maximize success in these cases.
Myth No. 3 – I pay my insurance on time, every time, so they’ll be fair with me.
In an ideal world, insurers would treat their customers and reasonable claimants fairly. And while they do have a legal duty to act in good faith, you have to remember that when it comes time to file a claim, the insurers are not your friends – no matter how long you’ve been a good and faithful customer. This is business for them, and they have incentive to employ strategy to minimize the amount they pay you. Particularly if you have a large or complex claim, you need a legal advocate who knows the law, knows what these claims are worth, and will fight for you.
Contact the South Florida personal injury attorneys at Halberg & Fogg PLLC by calling toll-free at 1-877-425-2374. Serving West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.
Additional Resources:
More Blog Entries:
Are Florida Personal Injury Lawsuits Subject to Damage Caps? March 20, 2024, Palm Beach Personal Injury Lawyer Blog