Life can change in seconds. One moment you’re living normally; the next you’re dealing with injuries, medical bills, and missed paychecks. Personal injury accidents happen every day in Melbourne, Florida, leaving victims unsure of their legal rights and next steps.
At DeGraff Hicks Law Group, we understand the stress you’re facing after an accident. You do not have to figure this out alone.
Our experienced Melbourne personal injury lawyers review cases for free and only get paid if you win. Call (321) 44-SHARK today or reach us through our contact form to discuss your rights.
Do I Have a Personal Injury Case?
Personal injury law in Florida applies when someone else’s careless or reckless conduct causes you physical, emotional, or financial harm. In most cases, you must show:
- The other party acted negligently or recklessly (failed to use reasonable care)
- Their conduct directly caused your injuries (causation)
- You suffered measurable damages (medical bills, lost wages, pain and suffering, etc.)
- You filed within Florida’s statute of limitations (see 2023 tort reform)
Not every accident creates a claim. You need clear evidence linking another party’s negligence to your injuries and losses.
Types of Personal Injury Cases We Handle
Our Melbourne personal injury attorneys handle a wide range of cases throughout Brevard County and across Florida.
Car Accidents
Motor vehicle collisions are among the most common personal injury claims. Many result from distracted driving, speeding, or impaired driving.
Common injuries include:
- Whiplash and soft-tissue damage
- Broken bones
- Traumatic brain injuries (TBI)
- Spinal cord injuries
Florida is a no-fault state for initial medical benefits; learn more about PIP at Fla. Stat. § 627.736.
Truck Accidents
Crashes with commercial trucks often cause catastrophic injuries due to their size and weight. These cases involve complex liability and evidence (electronic logging devices, maintenance records, hours-of-service). We coordinate investigations and preserve critical data early.
Motorcycle Accidents
Riders face unique risks due to limited protection and frequent visibility issues. We investigate driver negligence, roadway hazards, helmet/gear factors, and insurance coverage to pursue full compensation.
Uber, Lyft, and Rideshare Accidents
Rideshare incidents raise special questions about layered insurance coverage depending on app status. We evaluate all applicable policies and claims paths.
Wrongful Death
Losing a loved one due to another’s negligence brings profound grief and financial strain. Florida’s wrongful death laws provide a path for certain family members to seek compensation for both economic and non-economic losses. See Fla. Stat. § 768.21.
Slip & Fall
Property owners must maintain reasonably safe conditions for visitors. We handle cases involving wet floors, broken sidewalks, inadequate lighting, and debris. Liability often turns on notice—whether the owner knew or should have known of the hazard.
Premises Liability
Beyond slips and falls, premises liability includes unsafe pools, dog bites, negligent security, and other hazardous conditions. Each case requires careful investigation of property conditions, prior incidents, and safety protocols.
Product Liability
Defective products cause serious injuries every year. We pursue claims for design defects, manufacturing defects, and inadequate warnings. These matters often require engineering and human-factors experts.
Workers’ Compensation
Most Florida employers must carry workers’ compensation coverage, a no-fault system that offers medical and wage benefits for work injuries. See guidance from the Florida Division of Workers’ Compensation at myfloridacfo.com/division/wc.
Why Hire a Melbourne Personal Injury Lawyer?
Insurance carriers prioritize minimizing payouts. They use teams of adjusters and lawyers to challenge claims. Hiring a lawyer levels the playing field.
Our Melbourne personal injury team provides:
- Deep knowledge of Florida injury and insurance laws
- Experience managing insurers and negotiation tactics
- Resources to investigate thoroughly (scene inspections, experts, data preservation)
- Access to medical specialists and an accident reconstructionist
- Trial-ready strategy to maximize leverage and results
Many cases involve substantial, long-term financial needs. Self-representation often results in inadequate settlements that fail to cover future care.
How Much Is My Case Worth?
No lawyer can provide a precise number at the outset. Case value depends on multiple factors, including:
- Severity and permanency of injuries
- Total medical expenses and future care
- Lost wages and diminished earning capacity
- Pain, suffering, and loss of enjoyment
- Property damage
- Effects on daily living and family life
Catastrophic or permanent injuries typically increase potential compensation.
How Much Does It Cost to Hire a Melbourne Personal Injury Lawyer?
DeGraff Hicks Law Group handles personal injury cases on a contingency fee. You pay no attorney’s fees unless we recover compensation for you. We also advance the costs of litigation when appropriate, to be reimbursed from a recovery.
What Should I Do After an Injury?
Your actions after an accident can significantly impact your claim:
Call Law Enforcement (When Applicable)
Police reports provide neutral documentation that insurers and courts rely on. For state crash reporting resources, visit the Florida Highway Safety and Motor Vehicles portal at FLHSMV Crash Reports.
Do Not Admit Fault
Avoid statements about responsibility at the scene. Shock and adrenaline can cloud judgment. Provide basic facts only.
Document the Scene
Take photos or video of vehicles, hazards, signage, weather, and injuries. Gather witness names and contact information.
Get Medical Attention
Seek prompt evaluation even if symptoms seem minor—some injuries appear hours or days later. Follow all treatment recommendations.
Avoid Speaking to Insurers Alone
Adjusters may take recorded statements that can be used against you. Direct communications to your attorney.
Contact a Melbourne Personal Injury Attorney
Early legal involvement preserves evidence (e.g., surveillance footage) and protects your rights from the start. Our consultations are free and confidential.
How Long Do I Have to File a Claim?
Florida generally requires most negligence-based personal injury actions to be filed within two years of the incident (with exceptions). Missing the deadline can bar recovery. Wrongful death actions and certain claims may have different timelines; consult promptly to protect your rights.
How Is Negligence Determined in Florida?
Most claims are based on negligence, requiring proof of four elements:
Duty
A duty of reasonable care exists in many everyday situations (e.g., drivers must operate safely).
Breach
A breach occurs when someone fails to meet that duty (e.g., texting while driving, ignoring known hazards).
Causation
You must show the breach caused your injuries—both factual (“but for”) and proximate (foreseeability).
Damages
You need actual, measurable losses. Without damages, no valid claim exists.
Florida’s comparative fault statute can reduce recovery if a claimant is found more than 50% at fault in negligence cases filed after March 24, 2023. See Fla. Stat. § 768.81.
How Do You Prove Negligence?
Strong cases are built on comprehensive evidence:
- Witness testimony (eyewitnesses and experts such as accident reconstructionist)
- Physical evidence (vehicle damage, broken equipment, property hazards)
- Medical records linking the crash/event to diagnosed injuries
- Digital evidence (surveillance footage, vehicle data, phone logs)
- Official reports (police/incident reports and diagrams)
For safety research relevant to auto claims, see NHTSA and CDC Transportation Safety.
What Types of Damages Are Recoverable?
Florida law recognizes several categories of damages.
Economic Damages
These cover measurable financial losses:
- Medical expenses (ER, surgeries, medications, therapy)
- Lost wages and loss of earning capacity
- Property damage (vehicle and personal items)
- Out-of-pocket expenses (transportation, home modifications)
Non-Economic Damages
These compensate human losses that aren’t purely financial:
- Pain and suffering
- Emotional distress / mental anguish
- Loss of enjoyment of life
- Scarring and disfigurement
Punitive Damages
Awarded to punish egregious misconduct and deter future wrongdoing (subject to statutory limits). See Florida’s punitive damages framework within Chapter 768 of the statutes.
How Long Will My Case Take?
Timelines vary based on:
- Severity of injuries and course of treatment
- Disputes over fault and damages
- Insurer responsiveness and court scheduling
- Whether litigation and trial are necessary
Settling too early can risk under compensation. It’s often prudent to reach maximum medical improvement before finalizing a claim.
Will I Have to Go to Trial?
Most personal injury cases settle before trial. However, when insurers underpay or dispute liability, litigation—and sometimes trial—may be the best path to fair compensation. We prepare every case as if it will be tried, which strengthens our negotiation position.
What Is the Personal Injury Claim Process?
Here’s what to expect in Melbourne and Brevard County:
1) Insurance Claim Filing
We notify all relevant insurers (yours and the at-fault party’s) and protect against premature, low settlement offers.
2) Demand Letter
We compile medical documentation, wage proof, expert opinions, and liability analysis into a comprehensive settlement demand.
3) Settlement Negotiations
Negotiations often require several rounds of offers and counteroffers, balancing risk and potential trial outcomes.
4) Mediation / Settlement Conferences
Many Brevard County cases resolve at mediation—a structured negotiation supervised by a neutral mediator.
5) Litigation and Trial (If Necessary)
If fair settlement isn’t possible, we file suit, conduct discovery, bring motions, and present your case to a jury.
Melbourne & Brevard County Resources
Local knowledge and accessibility matter. Helpful public resources include:
- Brevard County Clerk of Courts (records and dockets)
- Eighteenth Judicial Circuit Courts (Brevard & Seminole)
- Brevard County Sheriff’s Office
- FLHSMV Crash Reports
- Florida Department of Transportation (FDOT)
- Florida Department of Health
- Florida Statutes
Frequently Asked Questions
Do I have to see a doctor right away?
Yes—prompt treatment protects your health and your claim. Delays can harm recovery and give insurers arguments against you.
What if I was partially at fault?
Under Florida’s comparative fault statute, your compensation may be reduced by your percentage of fault; if you’re more than 50% at fault (in most negligence cases after 3/24/23), you may be barred from recovery.
How soon should I contact a lawyer?
Immediately. Evidence can be lost quickly (vehicle data, surveillance footage, skid marks). Early counsel preserves proof and avoids pitfalls.
Will insurance cover all my bills?
PIP may cover a portion of medical expenses initially (§ 627.736), but serious injuries typically require pursuing the at-fault party for full compensation.
Why Choose DeGraff Hicks Law Group?
We combine decades of experience, local insight, and a client-first approach to pursue maximum compensation for Melbourne injury victims. Our team is trial-ready and negotiation-savvy, and we keep you informed at every step.
Contact Our Melbourne Personal Injury Lawyers
Injury turns life upside down. Recovery takes time, resources, and support—while insurers look for ways to limit payouts. With DeGraff Hicks Law Group, you gain a strategic advocate focused on your health, your finances, and your future.
Take action today. Call us at (321) 44-SHARK or reach us through our contact form to schedule your free consultation. You pay no attorney’s fees unless we win for you.
