An on-the-job injury can disrupt your life in an instant. Whether you were hurt at a construction site near Atlantic Avenue, a commercial warehouse off Congress Avenue, or while traveling along Federal Highway for work, recovering from a serious injury is stressful. At Altman Law Firm, led by attorney Jeffrey S. Altman, we help injured workers in Delray Beach navigate the complex legal landscape of third-party personal injury claims to seek the financial recovery they deserve.
While Florida workers' compensation provides basic benefits regardless of fault, it often falls short of covering the full scope of your losses. If your work-related injury was caused by the negligence of someone other than your direct employer—such as a subcontractor, a negligent driver while you were on duty, or the manufacturer of defective equipment—you may have grounds for a third-party personal injury lawsuit. These claims allow you to pursue compensation for pain and suffering, full lost wages, and future medical care, which are typically limited under standard workers' comp.
Florida operating under a modified comparative negligence system means that your financial recovery can be impacted if you are found partially at fault for the accident. If you are deemed 50% or less responsible for your injuries, your compensation is reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you are barred from recovering damages under state law. This makes building a strong, evidence-backed case critical, especially when dealing with insurance companies trying to shift blame onto you.
Time is a critical factor when pursuing a personal injury claim in Palm Beach County. Under Florida law, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. Waiting too long can permanently bar your right to seek compensation. From gathering physical evidence at a job site in Delray Beach to securing witness testimonies and medical records, initiating an investigation early is vital to preserving your legal rights.
Yes, in certain situations. While workers' compensation generally prevents you from suing your direct employer, you can file a personal injury claim if a third party's negligence caused your injuries. Common examples include being hit by a negligent driver while driving for work, or being injured by a defective tool manufactured by an outside company.
Unlike workers' compensation, which only covers medical bills and a portion of lost wages, a third-party personal injury lawsuit allows you to seek compensation for non-economic damages. This includes physical pain and suffering, emotional distress, loss of enjoyment of life, and the full value of your lost earning capacity.
Florida uses a modified comparative negligence standard. If you are partially responsible for your work-related accident, your financial recovery will be reduced by your percentage of fault, provided you are not more than 50% responsible. If your fault exceeds 50%, you cannot recover damages from other negligent parties.
In Florida, the statute of limitations for personal injury claims is typically two years from the date the injury occurred. Because building a comprehensive case requires gathering time-sensitive evidence and securing witness statements, it is beneficial to consult with a legal professional as soon as possible.
Many personal injury claims are resolved through negotiations with insurance companies before a lawsuit is ever filed. However, if a fair settlement cannot be reached, your case may proceed to trial at the Palm Beach County courthouse. Our firm prepares every case with the diligence required for litigation.
If you or a loved one has suffered a work-related injury in Delray Beach, contact Altman Law Firm today to schedule a free, confidential consultation to discuss your legal options. Call (305) 373-3730.