Personal Injury Lawyer Delray Beach, FL
If you’ve been hurt in an accident in Delray Beach, you may be dealing with serious injuries and concerns about your financial stability. Our team at Warner & Fitzmartin Personal Injury Lawyers has represented injured Floridians for over 20 years. Our Delray Beach, FL personal injury lawyer can handle the legal and insurance tasks as focus on getting better. If you’ve been hurt and want to understand your options, we offer free consultations and are prepared to speak with you today.
Why Choose Warner & Fitzmartin Personal Injury Lawyers for Personal Injury in Delray Beach, FL?
Experience With Florida Personal Injury Law
Aaron Warner is civil litigation attorney who has been fighting for injury victims in Florida for over 20 years. He is admitted to the State of Florida Bar, the United States District Court for the Southern District of Florida, and the United States District Court for the Middle District of Florida. He earned his J.D. from the University of Miami School of Law and has been recognized as a Super Lawyers Rising Star every year since 2019. Florida Trend has also named him to its Legal Elite list.
Elissa Fitzmartin is a trial attorney with over 20 years of personal injury experience. She graduated Magna Cum Laude from the University of Miami School of Law, where she served on Law Review, Moot Court, and the Federal Appellate Clinic. She has been recognized by Best Lawyers “Ones to Watch for Plaintiff’s Personal Injury Litigation”, named a “Top Lawyer” by the Boca Raton Observer, and has handled cases across multiple states. She currently serves on the Board of Directors of the South Palm Beach County Bar Association.
Both attorneys are members of the Million Dollar Advocates Forum, reserved for attorneys who have achieved verdicts or settlements of $1,000,000 or more. When you need a personal injury lawyer in Delray Beach, FL, our attorneys bring courtroom-tested skill and real results to your case.
A Track Record of Results for Injured Clients
We have recovered millions of dollars for personal injury clients across South Florida. Those results include a $1,500,000 premises liability verdict, a $500,000 wrongful death settlement, and multiple six-figure recoveries in car accident and slip and fall cases. We build every case the way we’d prepare it for trial, and insurers know we are ready to do what is needed for our client’s best interests.
Warner & Fitzmartin Personal Injury Lawyers attorneys hold memberships and recognitions from respected legal organizations. We have received accolades through Super Lawyers, Best Lawyers, and the Million Dollar Advocates Forum.
Contingency Fees, No Upfront Costs
You pay nothing unless we recover compensation for you. There are no retainers, no hourly charges, and no surprises. Our fee comes out of the settlement or verdict. If we don’t win, you owe us nothing. We know this structure allows more people to get legal help without the added burden of another immediate expense.
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“I had the pleasure of working with Elissa Fitzmartin and I cannot say enough about how exceptional she is. From the very first conversation, she made me feel supported, informed, and truly cared for. She handled every detail of my personal injury case with professionalism, compassion, and a level of dedication that went far beyond my expectations.” — Orly Grimm
Read more reviews on our Google Business Profile.
Types of Personal Injury Cases We Handle in Delray Beach
We handle a wide range of personal injury cases throughout Delray Beach and Palm Beach County. Every case is different, but the standard is the same, to pursue maximum compensation, prepare as though it’s going to trial, and never let an insurance company shortchange a deserving client.
- Car accidents. Most personal injury cases in Florida involve car crashes. We handle collisions of all types, whether it’s a rear-end impact on I-95, a T-bone at a local intersection, or a multi-car pileup. Florida’s no-fault insurance rules add complexity, and we know how to push past PIP limits when injuries are serious.
- Truck accidents. Commercial vehicle crashes cause disproportionate damage. These cases often involve multiple liable parties, including the driver, the trucking company, and sometimes a cargo loader or maintenance contractor. We investigate thoroughly and pursue every available source of compensation.
- Motorcycle accidents. Riders are vulnerable on the road and often face unfair bias from adjusters who assume they were at fault. We know how motorcycle accident cases work in Florida and fight to counter that bias with evidence.
- Pedestrian accidents. Being struck by a vehicle on foot typically means serious injury. These cases often involve crosswalk violations, distracted driving, or failure to yield. Florida has some of the highest pedestrian fatality rates in the country.
- Bicycle accidents. Cyclists face real danger on Delray Beach roads, particularly at intersections and in areas without protected bike lanes. We handle claims involving driver negligence, defective road conditions, and hit-and-run crashes.
- Wrongful death. When a family loses someone due to another party’s negligence, the surviving family members may have the right to file a claim. We handle wrongful death cases with care and fight for the full compensation families are entitled to under Florida law.
- Slip and fall accidents. Property owners have a legal obligation to maintain safe conditions. We handle slip and fall claims involving wet floors, broken pavement, inadequate lighting, and other hazardous conditions at commercial and residential properties.
- Brain injuries. Traumatic brain injuries often have consequences that don’t appear immediately. We understand the long-term costs these injuries carry and work to ensure those future expenses are factored into every claim.
- Uber accidents. Rideshare crashes involve layered insurance coverage that can be confusing to navigate. We handle Uber accident claims and know how to identify which policy applies and when.
Florida Legal Requirements for Personal Injury Cases
Statute of Limitations. Under Florida Statutes § 95.11, most personal injury claims must be filed within two years of the date of injury. If you miss that deadline, then your right to compensation is likely gone, regardless of how strong your case is. Florida reduced this deadline from four years to two in 2023, so it’s important not to delay by acting quickly so we can begin building your case.
Modified Comparative Negligence. Florida follows a modified comparative negligence standard under Florida Statutes § 768.81. If you are found to be more than 50% at fault for your own injury, you cannot recover compensation. If you are 30% at fault, your recovery is reduced by 30%. Insurance companies use this rule aggressively to shift blame onto victims and reduce payouts. Having an attorney who anticipates that tactic matters so you are not accepting unwarranted blame.
No-Fault Insurance (PIP). Florida requires drivers to carry Personal Injury Protection coverage under Florida Statutes § 627.736. PIP covers 80% of medical expenses and 60% of lost wages up to $10,000, regardless of fault. However, PIP has limits. When injuries meet Florida’s threshold for “serious injury,” you can step outside the no-fault system and pursue a claim directly against the at-fault driver. That’s typically where the more significant compensation becomes available.
Understanding these laws before speaking with an insurance adjuster can protect your right to recovery. We recommend meeting with a member of our team as soon as possible so we can protect your eligibility to receive compensation.
What Damages Are Recoverable in a Delray Beach Personal Injury Case?
Florida law allows injured victims to pursue several categories of compensation, depending on the circumstances of the case and the severity of the injuries.
Economic Damages are the out-of-pocket financial losses tied directly to the injury. These include past and future medical expenses, rehabilitation costs, lost wages from time missed at work, reduced earning capacity if the injury affects your ability to work going forward, and property damage. These figures are documented through medical bills, pay stubs, and treatment records. But projecting future costs requires careful consideration, especially in cases involving serious or permanent injuries.
Non-Economic Damages cover losses that don’t come with a receipt. Pain and suffering is the most well-known category, but it also includes emotional distress, loss of enjoyment of life, and the impact the injury has had on your relationships and daily functioning. Florida does not cap non-economic damages in most personal injury cases, though the calculation can be contested. Insurers may push for a low number, less than what our clients deserve.
Punitive Damages are available in cases involving gross negligence or intentional misconduct. These are less common, but they apply in situations where the at-fault party’s conduct was particularly reckless or willful. Florida Statutes § 768.72 governs when punitive damages can be pursued.
Many clients are surprised by what their case is actually worth once all categories of damages are properly documented. The hidden costs of a personal injury accident often go unaccounted for without legal guidance, and what damages can be claimed in Florida extends beyond what most people initially consider.
Contact Warner & Fitzmartin Personal Injury Lawyers
If you’ve been injured in Delray Beach, please don’t wait to get legal advice. Florida’s two-year statute of limitations means time matters, and evidence could disappear. At Warner & Fitzmartin Personal Injury Lawyers, we offer free consultations, and you won’t owe us anything unless we recover compensation for you. Contact us to schedule your consultation.