Palm Bay Personal Injury Lawyer

You have strictly two years from the date of your accident to file a personal injury lawsuit in Florida. If you fail to file your complaint before this two-year deadline expires, the court will permanently dismiss your case, and you will lose your right to seek compensation for your medical bills and lost wages.

Under Florida Statutes § 95.11(3)(a), this statute of limitations was reduced from four years to two years by HB 837, which became effective on March 24, 2023. This strict timeline applies to most negligence claims, including car accidents and slip and fall incidents occurring after the law changed.

Because investigating a claim and negotiating with insurance companies takes time, you should contact an attorney immediately. Waiting until the deadline approaches can result in lost evidence and makes it difficult to build the strong case needed to win in Brevard County courts.

You can recover damages as long as you are 50% or less at fault for the accident. However, your total compensation will be reduced by your specific percentage of responsibility. If a jury or insurance adjuster determines you are more than 50% to blame, you are barred from recovering any money at all.

Florida Statutes § 768.81 establishes this “modified comparative negligence” standard. For example, if you are awarded $100,000 but found 40% at fault, you would receive $60,000. But if you are found 51% at fault, you receive $0. This is a significant change from the old rules that allowed recovery even if you were mostly to blame.

Insurance adjusters often try to shift blame to trigger this 50% bar. Our Palm Bay attorneys fight to minimize your assigned fault so you can maximize your financial recovery.

You must seek initial medical treatment within 14 days of your car accident to qualify for Personal Injury Protection (PIP) benefits. If you fail to see a qualified medical provider within this two-week window, your own insurance company can legally deny your PIP claim entirely, leaving you responsible for all medical bills.

Under Florida Statutes § 627.736, PIP coverage provides up to $10,000 for medical expenses and lost wages, regardless of who caused the crash. However, you only access the full $10,000 limit if a doctor diagnoses you with an “Emergency Medical Condition” (EMC). Without an EMC diagnosis, your benefits are capped at just $2,500.

Even if you feel your injuries are minor, visit a doctor, urgent care, or hospital in the Palm Bay area immediately to protect your rights. Gaps in treatment can destroy your ability to get coverage.

A business is liable for your slip and fall injury only if they had actual or constructive knowledge of the dangerous condition and failed to fix it. You must prove that the store owner knew about the hazard—like a spill or broken tile—or that it existed long enough that they should have known about it.

Florida Statutes § 768.0755 places the burden of proof strictly on the injured person in cases involving “transitory foreign substances.” You cannot simply show you fell; you must present evidence, such as surveillance video or witness testimony, showing the business was negligent in maintaining their property.

Preserving evidence is critical in these cases. If you fall in a store in Palm Bay or West Melbourne, report the incident to management immediately, take photos of the hazard, and contact an attorney before the store deletes security footage.

You can sue for pain and suffering only if your injury meets the “serious injury threshold” defined by state law. Because Florida is a no-fault state, minor injuries are covered solely by PIP insurance, which does not pay for non-economic damages like pain, suffering, or mental anguish.

Under Florida Statutes § 627.737, you generally must prove you have suffered a significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant scarring or disfigurement, or death. Common qualifying injuries include broken bones, herniated discs requiring surgery, or traumatic brain injuries.

Proving permanency usually requires expert medical testimony. Our team works with medical specialists to document the lasting impact of your injuries so we can pursue compensation beyond basic insurance limits.

Surviving family members can recover compensation for the loss of support, services, companionship, and protection provided by the deceased. Additionally, a surviving spouse and minor children may recover damages for mental pain and suffering from the date of the injury that caused the death.

Florida Statutes § 768.21 outlines exactly who can recover damages under the Wrongful Death Act. This typically includes the surviving spouse, children, parents, and any blood relatives who were partly or wholly dependent on the deceased for support. The estate can also recover lost earnings and medical expenses charged to the estate.

Wrongful death claims are complex and must be filed by the personal representative of the estate. If you have lost a loved one in Brevard County, our compassionate attorneys can help you navigate the legal process during this difficult time.

Yes, a dog owner is strictly liable for any damage done by their dog to a person in a public place or lawfully in a private place. This applies even if the dog had never bitten anyone before and the owner had no reason to believe the dog was dangerous.

Florida Statutes § 767.04 establishes this strict liability standard, removing the “one bite rule” used in some other states. However, the owner’s liability may be reduced by your percentage of fault if you provoked the dog. Additionally, if the owner displays a prominent “Bad Dog” sign, they may avoid liability unless the victim is a child under six.

Dog bites can cause severe scarring and infection. We help victims in Palm Bay and Grant-Valkaria hold negligent pet owners accountable for medical bills and reconstructive surgery costs.

You generally have two years from the time you discovered, or should have discovered, the injury to file a medical malpractice lawsuit. However, there is an absolute deadline (statute of repose) of four years from the date of the incident, regardless of when you discovered the harm.

Florida Statutes § 95.11(4)(b) governs these specific time limits. Furthermore, Florida Statutes § 766.106 requires a complex pre-suit investigation process, including a 90-day notice of intent to sue before you can even file a complaint in court. This process requires an affidavit from a medical expert confirming the malpractice.

Because the pre-suit period is lengthy and technical, you cannot wait until the two-year mark to hire a lawyer. Contact our firm immediately if you suspect medical negligence in a local hospital or clinic.

Yes, you can sue a city or government entity, but you must strictly follow special procedures that do not apply to private lawsuits. Before filing a lawsuit, you must provide written notice of the claim to the appropriate government agency and the Department of Financial Services within three years of the incident.

Florida Statutes § 768.28 waives sovereign immunity for the state and its subdivisions but imposes caps on damages. Currently, you generally cannot recover more than $200,000 per person or $300,000 per incident unless you pass a claims bill through the Florida Legislature. The government also has a six-month investigation period after receiving your notice.

Government claims involve strict administrative hurdles. Whether it’s a city vehicle accident or a sidewalk trip-and-fall, you need an attorney familiar with sovereign immunity laws to protect your claim.

However, Florida recently changed the time period to bring a claim (Statute of Limitations) in Negligence cases to two years so it is important that you consult with a lawyer if you have a case against the city of Palm Bay. Contact our Palm Bay office at 321-339-1198 to review your accident and discuss the applicable law in greater detail.

Uninsured Motorist (UM) coverage pays for your medical bills, lost wages, and pain and suffering if you are hit by a driver who has no insurance or insufficient coverage. While not mandatory, it is the only way to protect yourself and your family from the high number of uninsured drivers on Florida roads.

Under Florida Statutes § 627.727, insurance companies must offer you UM coverage equal to your bodily injury liability limits. You must sign a specific form to reject this coverage in writing. If you have “stacked” UM coverage, you can combine limits for multiple vehicles to increase your available compensation.

Given the recent changes to Florida’s tort laws, carrying UM coverage is more important than ever. If you are injured by an uninsured driver in Palm Bay, this coverage effectively steps into the shoes of the at-fault driver to pay your claim.