hit and run lawyer boca raton

Can I Sue if I’m Partially at Fault for a Car Accident in Florida?

by BlogCar Accident InjuryHit and Run Accident Attorneyhit and run attorney boca raton flPersonal Injury Attorney

If you were injured in a crash in Boca Raton or Boynton Beach, you might wonder, “What if the accident was partly my fault? Can I still sue?” Florida law provides an answer that gives many people a path forward.

Florida’s Modified Comparative Negligence Law

As of March 24, 2023, Florida changed its system from pure comparative negligence to modified comparative negligence with the passing of House Bill 837. Before this change, injured parties could recover damages even if they were 99% at fault, but their compensation would be reduced by that percentage.

Now, things work differently:

  • You can recover damages only if you are 50% or less at fault
  • If you are 51% or more responsible, you are completely barred from receiving any compensation. 

This change significantly affects how fault impacts your ability to recover damages in Florida.

What Happens When You’re Partially at Fault?

If you’re found to be partially at fault but your share is 50% or less, you can still sue the other party. However, your compensation will be reduced by your percentage of fault.

 

What If You’re More Than 50% at Fault?

If you are determined to be 51% or more responsible for the accident, Florida law prevents you from recovering any compensation at all. This is true even if the other driver was also negligent, such as running a stop sign or being intoxicated. 

This strict rule makes evidence and legal strategy extremely important in borderline cases.

How Is Fault Determined?

Determining fault involves reviewing all available evidence, such as:

  • Police reports
  • Eyewitness statements
  • Traffic camera footage
  • Vehicle damage
  • Expert accident reconstruction 

Sometimes insurance companies assign fault percentages during negotiations. Other times, if there is a dispute, a judge or jury may decide based on the facts presented in court.

In Boca Raton and Boynton Beach, where many intersections are monitored and traffic patterns vary between highways and residential areas, collecting strong evidence is critical.

Why This Matters for Boca Raton and Boynton Beach Drivers

Traffic in coastal South Florida can be hectic, especially along A1A, Federal Highway, and I-95. Accidents often involve a mix of factors, including distracted driving, speed, or unfamiliar visitors behind the wheel. It is common for multiple parties to share some responsibility.

If you are in an accident in downtown Boca Raton, on Boynton Beach Boulevard, or near a major shopping center, fault may not be black and white. That makes understanding Florida’s new legal standard even more important.

What Should You Do If You Think You’re Partially at Fault?

  1. Document everything at the scene
     Take photos, gather names of witnesses, and preserve any dashcam footage if possible. 
  2. Do not admit fault
     Even saying “I’m sorry” at the scene can be used as an admission against you later. 
  3. Avoid recorded statements
     Insurance companies often try to get you on the record early. Speak with a lawyer first. 
  4. Contact an experienced local attorney
     A personal injury lawyer familiar with Palm Beach County courts and Florida’s modified negligence law can help build your case and protect your rights. 

What Damages Can You Still Recover?

If you are less than 51% at fault, you may still be eligible to recover:

  • Medical expenses
  • Lost income and reduced earning potential
  • Vehicle repair or replacement
  • Pain and suffering
  • Emotional distress
  • Other out-of-pocket costs related to the accident.

The total amount you can receive will be adjusted based on your share of responsibility.

Florida Statute of Limitations Still Applies

Florida gives you two years from the date of the accident to file a personal injury lawsuit. Being partially at fault does not extend or shorten this deadline..

Waiting too long to file could result in a complete loss of your right to recover anything.

Recap: Can You Sue If You’re Partially at Fault?

Scenario Can You Recover? Compensation Example (on $100,000 loss)
You are 30% at fault Yes $70,000
You are 50% at fault Yes $50,000
You are 51% or more at fault No $0
You are not at fault Yes $100,000

Still Have a Difficulty Deciding on your Accident? 

Whether your accident happened on Congress Avenue, Glades Road, or anywhere in between, strong legal guidance and evidence can make the difference between walking away with nothing or receiving the compensation you deserve. This is especially true in hit-and-run accidents, where the other driver may flee the scene and leave you dealing with both injuries and unanswered questions. If you were involved in a crash where the other party fled, a skilled hit and run attorney in Boca Raton can help you pursue justice, even if fault is uncertain or shared.

 

boynton motorcycle accident attorney

Why You Need a Boynton Beach Motorcycle Accident Attorney After a Crash

by boynton motorcycle accident attorneyMotorcycle Accident AttorneyPersonal Injury Attorney

Riding along the coastal roads of Boynton Beach offers breathtaking views but one unexpected moment can turn that ride into a life-altering event. If you’ve been injured in a motorcycle accident in Boynton Beach, securing the right legal representation isn’t just helpful it’s essential.

Here’s why hiring a local motorcycle accident attorney can make all the difference in your recovery, both physically and financially.

  1. Motorcycle Accidents in Boynton Beach Are More Common Than You Think

Boynton Beach sees its fair share of motorcycle crashes, especially around high-traffic zones like I-95, Congress Avenue, and Boynton Beach Boulevard. With a mix of beachgoers, retirees, and tourists unfamiliar with local roads, accidents can happen fast and bikers often suffer the worst of it.

Unlike car drivers, motorcyclists don’t have airbags or steel frames to protect them. Even a low-speed crash can lead to:

  • Traumatic brain injuries
  • Road rash and permanent scarring
  • Broken bones
  • Spinal damage
  • Long-term disability
  1. Florida Motorcycle Laws Are Unique And Complicated

Florida’s insurance laws can be confusing, especially for motorcyclists. While drivers must carry Personal Injury Protection (PIP) insurance, PIP doesn’t cover motorcyclists. That means after a crash, you may need to pursue the other driver’s insurance or file a lawsuit to get your medical bills paid.

An experienced motorcycle accident attorney in Boynton Beach will help you navigate:

  • Florida’s comparative negligence rule (even if you were partially at fault)
  • Lack of PIP coverage
  • Claims involving uninsured or underinsured drivers
  • How helmet laws may impact your case
  1. Evidence Disappears Quickly; Act Fast

Whether your crash happened near Bethesda Hospital East or at a busy intersection near the Intracoastal, time is critical. The sooner you speak to an attorney, the faster they can:

  • Obtain police reports and surveillance footage
  • Collect witness statements
  • Preserve medical records
  • Reconstruct the crash scene if necessary

Without timely action, crucial evidence may disappear or be covered up.

  1. Insurance Companies Are Not on Your Side

After a motorcycle crash, the other driver’s insurance adjuster may reach out pretending to be helpful. Don’t fall for it.

Insurance companies often try to:

  • Minimize your injuries
  • Blame you for the crash
  • Pressure you into a lowball settlement

A Boynton Beach motorcycle accident lawyer knows these tactics and how to fight back to pursue full compensation for:

  • Medical bills (now and in the future)
  • Lost wages
  • Pain and suffering
  • Property damage
  • Loss of enjoyment of life
  1. A Local Attorney Knows the Courts, the Roads, and the People

Hiring an attorney who’s familiar with Boynton Beach gives you an edge. They understand local traffic trends, dangerous intersections, and Palm Beach County court procedures. That hometown knowledge can strengthen your case significantly.

Injured in a Motorcycle Accident in Boynton Beach? Don’t Wait.

If you or a loved one were injured in a motorcycle accident near Boynton Beach, you don’t have to face the insurance companies or the legal system alone. A trusted local attorney can help you get the justice and compensation you deserve.

Schedule your free consultation today and take the first step toward recovery.

 

 

Read more:

Understanding Florida’s Motorcycle Accident Laws: What Every Rider Needs to Know

hit and run attorney boca raton fl

Behind the Wheel: What Drives Hit-and-Run Offenses in Boca Raton?

by BlogHit and Run Accident AttorneyPersonal Injury Attorney

Understanding the Surge and Seeking Justice with a Hit and Run Lawyer in Boca Raton

The Alarming Rise of Hit-and-Run Incidents in Boca Raton

Boca Raton has seen a troubling increase in hit-and-run accidents in recent years. These events are not only traumatic for victims but also pose a serious threat to public safety. When drivers flee the scene of an accident, they leave behind more than just damage; they leave victims without answers, accountability, or support.

What Drives Someone to Flee the Scene?

Several factors contribute to the spike in hit-and-run offenses. Understanding these motivations can help prevent future tragedies and inform how we approach justice for victims.

  • Impaired Driving: Many hit-and-run cases involve drivers who are under the influence of alcohol or drugs and flee to avoid harsher DUI penalties.
  • Unlicensed or Uninsured Drivers: Those who lack proper documentation may escape the scene to avoid legal and financial repercussions.
  • Panic: Inexperienced or emotionally overwhelmed drivers may act out of fear and irrationally choose to run instead of stopping.
  • Criminal Activity: In some cases, the driver may already be involved in illegal behavior (such as stolen vehicles or outstanding warrants) and attempts to avoid detection.
  • Distracted Driving: With the rise in smartphone use behind the wheel, some drivers may not even realize they’ve hit someone or panic when they do.

Recent Hit-and-Run Incidents in Boca Raton

Several recent cases have brought attention to the growing problem:

 

 

These are only a few examples of a broader trend affecting the Boca community.

What Should You Do If You’re Involved in a Hit-and-Run?

Being the victim of a hit-and-run is a stressful and often confusing experience. Here are the essential steps to take:

  1. Ensure Your Safety
     Move out of harm’s way and check yourself and others for injuries.
  2. Call 911 Immediately
     Reporting the incident right away helps ensure emergency response and begins the official investigation.
  3. Document Everything You Can
     Take photos of the damage, the scene, and try to recall details such as the color, make, model, or partial license plate of the vehicle.
  4. Talk to Witnesses
     If others saw the incident, get their contact information and ask them to stay and speak with law enforcement.
  5. Get Medical Attention
     Even if you feel fine, injuries from accidents can show up later. A medical record can also be important in any future claim.
  6. Consult a Hit and Run Lawyer in Boca Raton
     Legal guidance is critical in these cases. A lawyer can help with investigations, dealing with insurance companies, and pursuing compensation for your injuries and losses.

Hit-and-runs are not just traffic violations…

They are acts that can leave lasting physical, emotional, and financial scars. Boca Raton residents should remain alert, advocate for safer roads, and know their legal rights in case the unthinkable happens.

Whether you’re a victim seeking justice or simply want to stay informed, understanding what drives these offenses is the first step toward prevention and accountability.

Personal Injury Form

The Challenges of Seeking Compensation in Personal Injury Cases

by Personal Injury Attorney

When someone is involved in an accident that causes personal injury, it can be a long and difficult process to seek and receive compensation for the damages incurred. It is important to understand the challenges that you may face when trying to obtain a settlement or other form of compensation for your injuries. Knowing what to expect can help you make informed decisions and take the necessary steps to protect your rights.

Legal Representation

One of the most important steps to take when seeking compensation for a personal injury is to hire an experienced personal injury lawyer. Oftentimes, insurance companies will try to minimize the amount of money they are required to pay out by offering you a settlement that is far less than your damages are worth. An experienced personal injury lawyer can help you navigate the complexities of the legal system and ensure that you are offered a fair settlement.

Insurance Companies

When seeking compensation for a personal injury, it is important to be aware of the tactics that insurance companies use to limit their liability. Insurance companies often try to delay and deny claims or offer settlements that are much lower than what the damages are worth. It is important to have an experienced lawyer who can help you negotiate with the insurance company and ensure that you receive a fair settlement.

Proving Liability

In many cases, it is necessary to prove that the other party was at fault in order to receive compensation for your injuries. This can be a complicated process, as it involves gathering evidence and presenting it in a way that is convincing. An experienced personal injury lawyer can help you prove liability and get the compensation you deserve.

Medical Bills

Another challenge that can arise when seeking compensation for a personal injury is the need to pay for medical bills. In some cases, the insurance company will pay for the medical bills, but it is important to understand the policy and ensure that the coverage is sufficient. An experienced lawyer can help you understand the policy and negotiate with the insurance company to make sure that your medical bills are covered.

Overcome Compensation Challenges with Kosto Injury Law

Kosto Injury Law is a South Florida law firm that specializes in personal injury cases. We understand the challenges that you may face when seeking compensation for a personal injury, and we are committed to helping you get the justice you deserve. Our experienced team of lawyers can help you navigate the complexities of personal injury cases and ensure that you get the compensation you are entitled to.

Personal Injury Lawyer South Florida

At Kosto Injury Law, our experienced personal injury lawyers in South Florida are committed to helping you get the justice you deserve. We understand the complexities of personal injury cases, and we will work hard to make sure that you get the compensation you are entitled to. Whether you are seeking compensation for a car accident, slip and fall, or other type of injury, we can help you get the justice you deserve. Contact Kosto Injury Law today for personalized legal counsel.

Gavel and stethoscope - Personal injury concept

From Hurt to Healing: Unraveling the Legal Path After a Personal Injury

by Personal Injury Attorney

Personal injuries can be devastating, both physically and emotionally. It’s important to understand your legal rights and the legal process to properly navigate a personal injury case. Whether you’ve been in a car accident, had a defective product cause you harm, or experienced a slip and fall, it’s important to understand the legal process to ensure that you get the compensation that you deserve. In South Florida, Kosto Injury Law is a trusted source of legal expertise when it comes to personal injuries and personal injury claims.

Navigate the Legal Path to Healing with Kosto Injury Law

Kosto Injury Law is a leading South Florida law firm that specializes in personal injury cases. The team of experienced attorneys at Kosto Injury Law are committed to helping their clients through the legal process, guiding them to a successful outcome. From car accidents to slip and falls, the attorneys at Kosto Injury Law have the knowledge and experience to help you get the compensation that you deserve.

Discover Steps After Personal Injury for Rightful Compensation

When you’ve been injured as a result of negligence, you are entitled to receive compensation for your injuries and damages. The steps you take after a personal injury will determine whether or not you get the compensation that you deserve. That’s why it’s important to hire a knowledge team to defend you to ensure a successful outcome.

The experienced attorneys at Kosto Injury Law will guide you through the legal process, helping you to understand the process and protect your rights. From filing a claim to negotiating a settlement, their team will be with you every step of the way.

Your Recovery Matters

At Kosto Injury Law, the attorneys understand that recovery is the most important part of the process. They are committed to helping their clients get the compensation that they deserve and the medical attention they need to recover from their injuries.

The knowledgeable attorneys at Kosto Injury Law will work with you to ensure that your medical bills, lost wages, and other damages are covered. They will also help you to understand the legal process and ensure that you get the compensation that you deserve for your injuries.

The Legal Path to Healing Starts at Kosto Injury Law

When it comes to personal injury cases, Kosto Injury Law is the trusted source of legal expertise in South Florida. The experienced attorneys at Kosto Injury Law are committed to helping their clients through the legal process, guiding them to a successful outcome.

Whether you’ve been in a car accident, had a defective product cause you harm, or experienced a slip and fall, the experienced attorneys at Kosto Injury Law have the knowledge and experience to help you get the compensation that you deserve. From filing a claim to negotiating a settlement, they will be with you every step of the way. Contact Kosto Injury Law to receive legal counsel you can rely on after you have been seriously injured in an accident

personal injury claim form on desk.

Tax Implications of Personal Injury Settlements

by Personal Injury Attorney

When it comes to personal injury settlements, it is important to understand the tax implications associated with them. Many individuals do not realize that when they receive a settlement from a personal injury lawsuit they can be responsible for taxes on that money. It is important to understand the tax implications of a personal injury settlement so that you can make the best decisions for yourself and your finances.

Taxable Awards

In general, most personal injury settlements are considered taxable income by the Internal Revenue Service (IRS). This means that you must report the settlement amount on your tax return and pay taxes on the money you receive. The only exceptions to this are if the settlement money is for medical expenses or punitive damages, which are not considered taxable income. In addition, any amount you receive for lost wages or other lost income is also taxable.

Calculating Your Taxable Amount

In order to calculate the amount of your settlement that is taxable, you must first subtract any medical expenses you incurred as a result of the injury from the total settlement amount. This will give you the amount that is taxable. For example, if you received a $50,000 settlement and had $10,000 in medical bills, the taxable amount would be $40,000.

Deductible Expenses

You may also be able to deduct certain expenses related to your personal injury settlement from your taxable income. This includes attorney’s fees, court costs, and any other expenses related to your lawsuit. The IRS allows you to deduct these expenses from your taxable income, so it is important to keep track of all of your expenses related to your personal injury settlement.

Reporting Your Settlement

When you receive a personal injury settlement, you must report it on your tax return. You can report the amount on Line 21 of your Form 1040. You should also include any deductible expenses you incurred related to the settlement on your tax return.

Tax Planning

It is important to plan ahead when it comes to taxes on a personal injury settlement. You may be able to reduce your taxable amount by having your attorney structure the settlement in such a way that more of the money is designated as compensation for medical expenses or lost wages. You should also make sure to keep track of all of your expenses related to the settlement so that you can take advantage of any deductions you are entitled to.

Learn More About Personal Injury Settlements

If you have any questions or concerns about the tax implications of a personal injury settlement, it is important to speak with a qualified attorney. At Kosto Injury Law in Boca Raton, we can answer any questions you have about the financial responsibility of a personal injury settlement and how it may affect your taxes. We can also provide you with the legal advice and representation you need to ensure that you receive the full amount of your settlement. Contact us today to learn more.