Were you or a loved one recently injured in an accident? The Martin County personal injury lawyers with Kibbey Wagner, PLLC are here to help.
Our firm was established in 2014, and our lawyers have 27 years of combined experience. In just the past six years alone we’ve recovered over $30 million for personal injury victims.
In those 27 years of experience, our attorneys have handled all sorts of personal injury cases, ranging from car accidents to wrongful death to brain injuries.
Look no further than Kibbey Wagner, PLLC for your personal injury legal representation. We treat our clients like family and will keep you apprised of how your case is progressing. You’re not just a number in a spreadsheet to us like you might be for a larger law firm. We can dedicate significant resources to each case we pursue, and we believe that getting to know our clients personally is key to our success.
Why Should I Hire Kibbey Wagner, PLLC To Handle My Personal Injury Case?
The attorneys have decades of combined legal experience. We’ve recovered millions on behalf of accident victims in Florida.
We want to use our experience and proven case strategies to help you get the most from your case.
When you hire us, you’ll get access to:
- Award-winning legal professionals. Our attorneys have been recognized with some of the highest professional distinctions in the legal industry. Our lawyers have been listed as Super Lawyers’ and The National Trial Lawyers Top 100 Trial Lawyers. Expertise has recognized us among the best car accident attorneys in the area. We’ve also obtained membership in the Million Dollar Advocates Forum, reserved for lawyers who have recovered seven-figure awards for clients.
- A Board-Certified Expert. The Florida Bar has recognized our co-founder Jordan R. Wagner as a Board Certified Civil Trial Lawyer, a distinction shared by less than 1% of Florida Lawyers. We’ll use our expertise to strengthen your claim and help get the money you deserve.
- Local Attorneys. We are Martin County’s local personal injury law firm. Our co-founder Barbara Kibbey was born and raised in Stuart, Florida. That makes your case personal to us. You’re not just a client; you’re our neighbor.
- Law firm resources. Kibbey Wagner, PLLC provides small-firm attention with big-firm resources. You’ll benefit from our investigators, paralegals, and case technology, which all help us build the strongest case for you.
Don’t go it alone after your accident in Martin County, FL. Contact us today for a free consultation with a Martin County personal injury lawyer to get started on your case.
We Handle All Personal Injury Cases in Martin County
Kibbey Wagner, PLLC handles all personal injury cases in Martin County, Florida. Our Martin County personal injury attorneys can help you after the following accidents.
- Car Accidents: These accidents occur far too often and are quite varied in severity. We’re here to help you recover compensation from the at-fault driver.
- Truck Accidents: Truck accidents tend to be more severe than car accidents based on these vehicles’ sheer size and force. Our attorneys know how to handle a difficult truck accident case.
- Motorcycle Accidents: As fun as motorcycles are to ride, the consequences of an accident can be deadly. Let us fight for your interests and leave no stone unturned.
- Bicycle Accidents: Serious injuries can result from a bicycle accident depending on the other vehicle involved. Ride with confidence, and let us handle your legal claim.
- Brain Injuries: Suffering a brain injury is something nobody should have to go through. We want to be there for you to make sure the other side is held responsible for their actions.
- Catastrophic Injuries: One example of a catastrophic injury is an amputated limb. You need an experienced Martin County personal injury lawyer in your corner when the stakes are that high.
- Pedestrian Accidents: You should feel safe and confident when walking down one of Martin County’s friendly sidewalks. If you do end up suffering an injury as a pedestrian, we know what to do to represent your rights.
- Wrongful Death. Sometimes an accident turns into the unimaginable, resulting in the death of a loved one. If that is the case, having an experienced personal injury attorney in your corner is more important than ever.
What Damages Are Available to Martin County Accident Victims?
Accident victims are typically entitled to two forms of damages after an injury. On the one hand, victims can recover economic damages. These damages compensate for financial losses like medical bills and lost income.
On the other hand, victims are entitled to non-economic damages. These damages compensate for the pain and suffering you’ve experienced after your injury. Some rare cases qualify for punitive damages, which punish a defendant for egregious misconduct or gross negligence.
What is Negligence?
In essence, negligence means the same thing as “carelessness.” It’s the way fault is assessed in most personal injury cases. Negligence features prominently in personal injury case types such as car accidents, slips and falls, and premises liability.
In a negligence case, the plaintiff or injured party has the burden of proof to establish liability for their injury, including fault. Negligence cases are a bit different from strict liability cases in this regard. In a strict liability case, the injured party doesn’t have to establish fault but still has the burden of proof to demonstrate the defendant caused them harm resulting in damages.
How Do I Prove Negligence?
There are four elements required to prove negligence. These are:
- Duty. You’ll need to demonstrate that the at-fault party had a duty of care to you. One example is that drivers have a duty of care to obey the laws of the road.
- Breach. Once duty is established, you’ll have to prove that the other side’s acts or omissions constitute a violation or breach of that duty. Running through a stop sign is one instance of this.
- Causation. Two types of causation must be proven in negligence cases. The first is actual or “but-for” causation, and the second is called proximate causation.
- Damages. This element entails showing that you’ve suffered harm due to the at-fault party’s acts or omissions.
Though these elements are relatively simple to explain, they can become much more complicated in the context of a real case.
It’s essential to have an experienced Martin County personal injury lawyer in your corner when pursuing a personal injury case.
Who Could Be Liable For My Injuries After an Accident?
Many parties could be liable after an accident, depending on the facts and circumstances. Any party who contributed to the accident or your injuries may be held financially responsible.
Here are a few examples of who may be liable for your injuries:
- A driver who causes a collision because they were distracted
- A doctor who commits medical malpractice by ordering the wrong medication, causing a severe reaction in their patient
- A property owner who fails to fix a faulty floorboard, causing their guest to fall and break their arm
- A manufacturer who fails to warn consumers that their product may cause cancer
- An employer who fails to provide a safe work environment, causing harm to their employee
These are just a few examples of potential defendants in a personal injury case. Contact our personal injury lawyers in Martin County, Florida, and we’ll help you identify all the parties who may be liable for your injuries.
What If I’m Partially At Fault For the Accident?
If you are partially at fault for your accident, you won’t be able to recover full compensation. Florida’s comparative fault rules will reduce your damages to account for your share of fault. Therefore, if you are 50% at fault, you will only be able to recover 50% of your damages.
Insurers try to use comparative fault to reduce their liability to accident victims — even when a victim didn’t contribute to the accident. Therefore, you should contact an attorney for help challenging any allegations of contributory fault.
Florida’s Personal Injury Laws Overview
A few Florida personal injury laws are worth mentioning here.
The first is that Florida is a “no-fault” car insurance state. This means that drivers in Florida are required to purchase Personal Injury Protection (PIP) insurance.
Once you purchase this coverage, your insurance company will pay for your financial losses after an accident (up to a point) regardless of who was at fault. You cannot always sue the at-fault driver after an accident in Florida because of this; it depends on the severity of the accident.
Another key aspect to note is that Florida follows a pure comparative negligence standard. You can still recover damages stemming from your injury even if you were partially at fault under this system.
However, your financial award will be reduced based on your percentage of fault. If you are found to be 20% at fault for your injury, and your financial award is initially $100,000, it will be reduced to $80,000.
What Should I Do After an Accident in Martin County?
After an accident, you may be disoriented and scared. However, the things you do in the aftermath can significantly affect your ability to recover compensation in a claim or lawsuit.
Here are some steps you should take after an accident:
- Call 911 to report the accident. An officer will investigate the accident scene and speak to the parties and eyewitnesses. They’ll use this information to complete an accident report, which will be pivotal evidence if you file a claim or lawsuit.
- Exchange information with the parties involved and any eyewitnesses, including contact and insurance information.
- Gather information from the accident scene, including photos and videos of where the incident occurred and anything that may be useful evidence for your claim.
- Seek prompt medical attention, even if you believe your injuries are minor. Many injuries may not present symptoms until later or are undetectable without a medical diagnosis. Plus, your medical record will be valuable evidence that can prove that the accident caused your injury.
- Contact a personal injury lawyer to discuss your situation. It’s best to contact an attorney as soon as possible so they can investigate your case and gather evidence to prove it. Delaying may mean that essential evidence is lost, destroyed, or forgotten.
These are just a few tips to follow after an accident. Contact Kibbey Wagner, PLLC for a free consultation to discuss your case. Our Martin County personal injury attorneys are standing by to help you take the necessary steps to get the compensation you deserve.
How Long Do I Have to File a Lawsuit After an Accident in Florida?
Florida’s statute of limitations places a time limit on your ability to file a claim after an accident. You won’t have forever.
In fact, you must file your claim within four years of the date of your accident or forfeit your right to compensation. This time limit applies to motor vehicle accidents, slip and falls, and most other personal injury incidents.
Medical malpractice and wrongful death claims have a two-year statute of limitations. You typically have even less time to file a claim against government entities.
Generally, the statute of limitations starts running on the date of your accident. However, it may start later if you don’t discover your injury right away.
Contact Our Experienced Martin County Personal Injury Lawyers For Legal Help
If you or a loved one were injured in an accident, you don’t have to face insurance companies and other at-fault parties alone. You need an experienced Martin County personal injury lawyer on your side fighting for the compensation you deserve.
The award-winning attorneys at Kibbey Wagner, PLLC can help. We have over 27 years of combined experience helping accident victims throughout South Florida – and we’ve recovered over $30 million in the process.
Contact us today for a free consultation to see how we can help you get the compensation you need to get back on your feet.
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