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Domnick & Shevin Attorneys Recognized as “Best Lawyer in America” The law firm of Domnick & Shevin, PL is proud to announce that Attorney Sean C. Domnick and Harry A. Shevin were recently selected by their peers for inclusion in The Best Lawyers in America® 2013 (Copyright 2012 by Woodward/White, Inc., of Aiken, SC).Sean C. Domnick has been selected in the field of Personal Injury and Medical Malpractice. Mr. Domnick has been practicing law in Palm Beach County for more than 20 years. He represents clients in catastrophic personal injury cases involving ...

Trial opens in case of West Palm Beach widow accusing tobacco company in husband’s death Trial opens in case of West Palm Beach widow accusing tobacco company in husband’s death. For years, Shirley Baker implored her husband to quit smoking. She nagged. She cajoled. When warning labels were put on cigarette packs, she held one up to his face and demanded he read it. In the words of their son, Richard, who also urged his father to give up the deadly habit, “she rode him like an old Harley.” But despite their efforts, Elmer “Perry” Baker didn’t quit. In 1993, months a...

About Lady Justice

"Protect Florida's Women"

Palm Beach Personal Injury Lawyer

Palm Beach Gardens, West Palm Beach and Florida

Palm Beach Personal Injury Lawyer The term ‘personal injury’ covers many possible situations, including brain and spinal cord injuries, caused by car accidents, truck accidents, bicycle accidents and motorcycle accidents.

Essentially, in Florida, a claim for personal injury can arise when someone acts or fails to act in such a way that it gives rise to negligence, which is a legal term meaning that someone did not act properly given the circumstances.

Given the high amount of lawyer advertising regarding personal injury claims in the West Palm Beach areas, many people assume that filing such a claim and obtaining an award of damages is always a relatively simple process. As you’ll see below with a brief overview of the elements that must be proven in any personal injury claim, nothing could be further from the truth.

The Elements of a Personal Injury Claim in Florida State:

Below are the four elements of any personal injury claim that must be proven in order for the plaintiff to be successful with a claim in Florida:

Duty – The concept of duty is grounded in the concept that people owe each other a standard of conduct such that they are not putting others in a situation of unreasonable risk. For instance, a shopkeeper owes a duty of safety to those who enter the premises. The plaintiff must prove that this duty existed before moving to the next element.
Breach of Duty – The plaintiff must next prove that the defendant breached this duty of care. The predominant legal test is the 'reasonability standard' that states that the defendant must not have acted like a reasonable person would have in a similar situation. If that can be proven, then the plaintiff can move to the third element.
Causation – This is by far the most difficult concept in personal injury law, as it has been known to confuse even judges in some cases. The plaintiff must show that the defendant's breach of duty either directly or indirectly caused the injuries suffered by the plaintiff. There are several legal tests that can be applied to a set of facts to make this determination, but a skilled attorney is needed to present this properly.
Damages – Finally, if all of the elements above are proven, the plaintiff must show that he or she suffered actual damages. These can include medical costs, lost income, pain and suffering and even less tangible forms of damages that include the loss of companionship. Generally, the court will look to 'make the plaintiff whole' in a damages award.

Every personal injury case is different and success often requires a dedicated team of attorneys, experts, investigators and paralegals to thoroughly investigate the incident, prove fault, identify damages and successfully argue the facts to the defendant and, when needed, to judge and jury. Selecting the right trial attorney who is experienced in proving fault and maximizing can make all the difference whether your claim goes to court or not.

The Palm Beach personal injury lawyers of Domnick & Shevin are battle tested in serious personal injury cases. While past results don’t guarantee future outcomes, the past results can help you to select an attorney who is experienced and has a successful handled your type of personal injury case. View some of our recent verdicts and settlements.

If you or someone you love has been injured because of the actions of someone else, you need the help of an experienced Palm Beach personal injury lawyer who understands how to successfully prove these elements. Make A Call For Justice and contact Domnick & Shevin PL today to schedule a free initial consultation.

See Emotional Consequences of Brain Injuries for more information

Palm Beach Gardens Personal Injury Litigation Law Firm focusing on Personal Injury, Medical Malpractice, Nursing Home Abuse, and Product Liability throughout the state of Florida within Palm Beach, Broward, Miami-Dade, and Martin Counties including Palm Beach Gardens, Palm Beach, West Palm Beach, Jupiter, Boca Raton, Lake Worth, Delray Beach, Boynton Beach, Stuart, Port St. Lucie, and the Treasure Coast.