Pompano Beach Personal Injury Lawyer

Personal Injury Attorney

$15+ MILLION RECOVERED

FREE
CONSULTATIONS

NO FEES
UNLESS WE WIN

About the firm

Local Relevance & Common Accident Types

Pompano Beach is currently experiencing a surge in redevelopment and construction, which has significantly altered traffic patterns and increased road hazards. Major thoroughfares like Atlantic Boulevard and US-1 are often congested with a mix of heavy construction equipment and passenger vehicles, leading to frequent rear-end collisions and lane-departure accidents. For residents, these changing conditions mean that even a routine trip to the grocery store can result in a life-changing injury.

Our legal team is well-versed in the specific types of accidents that occur in Pompano Beach, including motorcycle accidents on A1A and left-turn collisions at large, poorly timed intersections. We understand that the pressure of medical bills and insurance paperwork can be overwhelming. Porcaro Law Group steps in to handle all communication and litigation, allowing you to recover without the stress of upfront legal fees.

Speak Directly With an Experienced Personal Injury Attorney

No fees unless we win • Same-day consultations available

How We Help

At Porcaro Law Group, we remove the barriers to justice. When you partner with us, you aren’t just a case number—you are a client with a direct line to your legal team. We help you by:

Handling All Insurance Correspondence:

We stop the lowball offers and aggressive tactics from insurance adjusters.

Thorough Evidence Collection:

Our team gathers police reports, medical records, and surveillance footage to build an airtight case.

Expert Medical Referrals:

We help ensure you are seeing the right specialists for your specific injuries.

No Upfront Costs:

We work on a contingency fee basis; you don't pay us a dime unless we win your case.

Contact Us Now

No fees unless we win • Same-day consultations available

Personal Injury Cases

We Will Fight to Recover the Compensation That You Deserve

$125,000 .

Automobile Crash

$200,000 .

Automobile Crash

$300,000 .

Legal Malpractice

$1,800,000 .

Premises Liability

$1,200,000 .

Medical Malpractice

$210,000 .

Trucking Crash

$215,000 .

Dental Malpractice

$170,000 .

Automobile Crash

$500,000 .

Property Damage

$95,000 .

Automobile Crash

$100,000 .

Nursing Home Liability

$100,000 .

Premises Liability

Personal Injury Cases

We Handle All Types of Personal Injury Cases for Our Clients

car accident lawyer Delray Beach - Porcaro Law Group
Personal Injury

Car Accidents – New Content

Porcaro Law Group 401 W. Linton Blvd., Suite 202A · Delray Beach, FL 33444 · (561) 450-9355 Delray Beach Car Accident Lawyer Fighting for Maximum Compensation Hurt, dealing with a damaged car, and not sure what your case is worth? Peter Porcaro is a former insurance defense attorney who now fights exclusively for injured people. You speak with Peter directly — no fee unless we win. Get Your Free Consultation Call (561) 450-9355 No fee unless we win · Free consultation · Response in under 30 minutes $15M+ Recovered 100+ Five-Star Reviews 20+ Years Experience $0 Unless We Win $15M+ Recovered · No Fee Unless We Win · Free Consultations · Available 24/7 · FL Bar Admitted 2006 Board-Certified Google 5.0 Client Champion Avvo Clients Choice Justia 10.0 BBB A+ Why Peter Porcaro The Insider Advantage: Why Peter Porcaro Is Different Most personal injury lawyers have only ever seen cases from one side. Peter Porcaro has seen them from both. Before founding Porcaro Law Group, Peter worked as an insurance defense attorney — the person hired by insurance companies to minimize your claim and protect their bottom line. He knows every tactic adjusters use because he used to use them. He knows how they evaluate cases, what they look for in recorded statements, and where they look for weaknesses to justify a low offer. Now he uses that knowledge exclusively to fight for injured people in Delray Beach and across Palm Beach County. What sets Peter apart: You speak with Peter directly — every time you call, every time you have a question. Your case never gets handed to a paralegal or buried in a queue. Trial-ready on every case — insurance companies know Peter takes cases to trial. That changes what they offer. Board-Certified and admitted to the U.S. District Court and U.S. Court of Appeals, Eleventh Circuit. 20+ years practicing personal injury exclusively in Palm Beach, Broward, and Miami-Dade County courts. South Florida Legal Guide “Top Up and Comer” — five consecutive years (2017–2021). Avvo Clients’ Choice Award · Client Champion Award · Marquis Who’s Who (2020) Peter earned his B.S. in Biology from Penn State University and his J.D. from the University of Pittsburgh School of Law. He is licensed in both Florida and Pennsylvania and has been practicing personal injury law for more than two decades. Meet our full team → Step by Step What to Do After a Car Accident in Delray Beach The decisions you make in the hours after a crash can protect — or seriously damage — your ability to recover full compensation. 01 Call 911 Immediately Even if the crash seems minor, get law enforcement to the scene. A police report creates an official record of what happened — and how a crash is described in that report can directly impact how responsibility is assigned, which is why accurate documentation from the start matters enormously. 02 Document Everything at the Scene Photograph the vehicles, road conditions, traffic signals, skid marks, and any visible injuries. Get names, contact information, and insurance details of all drivers. Collect witness information before people leave. 03 Seek Medical Care Immediately — Within 14 Days Under Florida’s PIP law, you must seek treatment within 14 days to preserve your PIP benefits. Whiplash, TBIs, and internal injuries often don’t show symptoms for days. 04 Don’t Give a Recorded Statement The adjuster calling you is not on your side. A recorded statement — even an innocent-sounding one — can be used to minimize your claim. Politely decline and call us instead. 05 Don’t Post on Social Media Anything you post — even a photo of yourself looking fine — can be used against you by the defense. 06 Preserve All Evidence Don’t repair your vehicle until it’s been documented. Save all medical bills, prescription receipts, and records of missed work. 07 Call Porcaro Law Group The sooner we’re involved, the better. Evidence disappears, witnesses forget details, and insurance companies move fast. We respond in under 30 minutes. Know the Playbook What the Insurance Company Is Doing Right Now If you’ve already been contacted by an adjuster — yours or the other driver’s — understand this: that call is not a courtesy. It’s strategy. Recording everything. Every word you say — even casual conversation — can be used to dispute your claim. “I’m feeling okay” becomes evidence against your pain and suffering claim. Offering a fast, lowball settlement. A quick check feels like relief, but it comes with a release form that permanently waives your right to pursue additional compensation. Investigating your social media. Adjusters routinely search claimants’ profiles for photos and posts that suggest you’re not as injured as you claim. Looking for ways to shift blame. Florida’s modified comparative negligence law means if they push your share of fault above 50%, you recover nothing. Peter Porcaro spent years on the other side of this table. He knows every move in the playbook — and how to counter each one. Read more: How insurance companies pressure crash victims to sign away their rights.   Local Data Delray Beach Car Accident Statistics: Why This Area Demands an Experienced Lawyer Delray Beach and Palm Beach County are not abstract statistics. These are the roads you drive every day. Florida recorded 2,738 fatal crashes and 2,930 traffic deaths in 2025 — a meaningful improvement from 2024’s 381,423 crashes and 3,098 fatalities, but the state remains one of the deadliest in the nation for drivers, cyclists, and pedestrians alike. The Palm Beach County MPO designated traffic fatalities and serious injuries as the county’s #1 road safety priority for 2026 — a formal acknowledgment of how serious the problem has become right here in our community. Palm Beach County recorded 6,614 hit-and-run crashes in 2025 — causing 1,574 injuries and 7 deaths, per preliminary FLHSMV data. If you’ve been the victim of a hit-and-run in Delray Beach, you still have legal options. FLHSMV reported 53,596 distracted-driving crashes in Florida in 2025, resulting in 268 fatalities — still

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Commercial truck accident attorney in Delray Beach, Florida
Personal Injury

Truck Accident

Porcaro Law Group 401 W. Linton Blvd., Suite 202A · Delray Beach, FL 33444 · (561) 450-9355 Truck Accident Attorney Delray Beach A collision with a semi-truck isn’t like any other crash — the force, the injuries, and the legal fight are all in a different category. Peter Porcaro handles your case personally, and knows exactly how trucking insurers build their defense because he used to build it for them. Get Your Free Consultation Call (561) 450-9355 No fee unless we win $15M+ Recovered 4.9★ 159 Reviews 20+ Years Experience $0 Unless We Win Justia 10.0 BBB A+ Avvo Clients Choice Client Champion Board-Certified Google 5.0 Board-Certified Google 5.0 Client Champion Avvo Clients Choice Justia 10.0 BBB A+ The Stakes Why Truck Accidents Are Legally and Physically Different When a passenger car and a fully loaded semi-truck collide, the physics are brutal. Tractor-trailers weigh up to 80,000 pounds — roughly 20 times the weight of a standard passenger vehicle. 5,218 large trucks were involved in a fatal crash in 2024 — a 3% decrease from 2023, but a 30% increase over the last decade, per National Safety Council analysis of NHTSA data. In two-vehicle crashes involving a truck and a passenger car, 97% of the fatalities are the people in the smaller vehicle. The legal complexity matches the physical danger. Truck accident cases involve multiple parties who may each share liability: the truck driver, the trucking company, the cargo loading company, the vehicle manufacturer, and third-party maintenance contractors. Identifying every responsible party — and holding each accountable — requires immediate, aggressive investigation that standard car accident cases never demand. The Federal Regulatory Layer Commercial trucking is governed by the Federal Motor Carrier Safety Administration (FMCSA), which imposes mandatory rules that go far beyond standard traffic law: Driver qualification and Commercial Driver’s License (CDL) standards Hours of Service (HOS) limits and Electronic Logging Device (ELD) requirements Vehicle inspection, maintenance, and repair standards Cargo weight limits and securement requirements Mandatory pre-employment, random, and post-accident drug and alcohol testing When a driver or trucking company violates these regulations, it is not merely a traffic infraction. It is evidence of negligence — and it can dramatically strengthen your claim for compensation. Evidence Disappears Fast — This Is Not a Figure of Speech Black box data, electronic driver logs, dashcam footage, and maintenance records can be overwritten, altered, or destroyed within days of a crash. Porcaro Law Group moves immediately after being retained to send legal preservation letters demanding that all evidence be held. Every day without that letter is a day that evidence may be lost forever. What We See Most Common Causes of Truck Accidents in Delray Beach and Palm Beach County I-95 cuts directly through Palm Beach County as one of the most heavily traveled freight corridors on the East Coast. When something goes wrong with an 80,000-pound vehicle at highway speed, the consequences are catastrophic. Driver Fatigue Federal Hours of Service rules exist for one reason: fatigued drivers kill people. Driver fatigue is a contributing factor in up to 13% of all large truck crashes, and in a 2006 driver survey conducted for FMCSA, 47.6% of drivers reported having fallen asleep at the wheel in the prior year. When a driver falsifies logbook entries to hide HOS violations, that is fraud — and falsification of records of duty status was the second most-cited driver violation across all FMCSA inspections, with 58,382 violations recorded in 2024. Distracted Driving Texting, adjusting a GPS, or eating while operating a vehicle that weighs 40 tons is not a minor lapse in judgment — it is a deadly choice. A single second of inattention at 60 mph means the truck has traveled 88 feet with no one truly at the wheel. Speeding and Aggressive Driving A fully loaded tractor-trailer traveling at 60 mph requires 310 feet to come to a complete stop — nearly the length of a football field. A driver who is speeding, tailgating, or weaving through I-95 traffic in a vehicle that size is creating a lethal hazard for every car around them. Impaired Driving Alcohol-impaired truck drivers involved in fatal crashes increased by 26% in 2024. Federal law requires mandatory drug and alcohol testing — but violations persist. When a trucking company fails to enforce its own testing program, the company shares direct responsibility for what happens next. Improper Loading and Unsecured Cargo Freight that is overloaded, improperly balanced, or inadequately secured can shift during transit, causing a driver to lose control or debris to fall directly into traffic. Cargo loading companies carry independent liability for these failures. Poor Truck Maintenance The 2025 CVSA International Roadcheck recorded an 18.1% vehicle out-of-service rate across 56,178 inspections — still nearly one in five trucks pulled off the road for safety violations. Research shows trucks with out-of-service violations carry a 362% higher crash risk than properly maintained vehicles. Brake failures, blown tires, and faulty lighting are preventable. Severe Weather and Construction Zones Florida’s sudden afternoon storms drop visibility to near zero and eliminate road traction in seconds. I-95 construction zones through Palm Beach County compress lanes and impose reduced speed limits that many truck drivers ignore. Blind Spots Every commercial truck has four large blind spots. A driver who changes lanes, merges, or makes a wide turn without properly checking these zones can crush a passenger vehicle that was completely invisible to them the entire time. The Impact Injuries Sustained in Truck Accidents Near Delray Beach 120,724 large trucks were involved in crashes resulting in injury in 2024 — a 5.4% increase over 2023, per National Safety Council analysis of NHTSA data. The mass and momentum of an 80,000-pound commercial vehicle transfers catastrophic force into a passenger car’s occupant compartment — force the human body is not built to absorb. Traumatic Brain Injuries (TBI) — from concussion to severe cognitive impairment, memory loss, and permanent personality change. Our brain injury attorney handles TBI cases with the long-term care analysis these claims require. Spinal Cord Injuries — partial or

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car accident lawyer Delray Beach - Porcaro Law Group
Personal Injury

Car Accidents – New Content

Porcaro Law Group 401 W. Linton Blvd., Suite 202A · Delray Beach, FL 33444 · (561) 450-9355 Delray Beach Car Accident Lawyer Fighting for Maximum Compensation Hurt, dealing with a damaged car, and not sure what your case is worth? Peter Porcaro is a former insurance defense attorney who now fights exclusively for injured people. You speak with Peter directly — no fee unless we win. Get Your Free Consultation Call (561) 450-9355 No fee unless we win · Free consultation · Response in under 30 minutes $15M+ Recovered 100+ Five-Star Reviews 20+ Years Experience $0 Unless We Win $15M+ Recovered · No Fee Unless We Win · Free Consultations · Available 24/7 · FL Bar Admitted 2006 Board-Certified Google 5.0 Client Champion Avvo Clients Choice Justia 10.0 BBB A+ Why Peter Porcaro The Insider Advantage: Why Peter Porcaro Is Different Most personal injury lawyers have only ever seen cases from one side. Peter Porcaro has seen them from both. Before founding Porcaro Law Group, Peter worked as an insurance defense attorney — the person hired by insurance companies to minimize your claim and protect their bottom line. He knows every tactic adjusters use because he used to use them. He knows how they evaluate cases, what they look for in recorded statements, and where they look for weaknesses to justify a low offer. Now he uses that knowledge exclusively to fight for injured people in Delray Beach and across Palm Beach County. What sets Peter apart: You speak with Peter directly — every time you call, every time you have a question. Your case never gets handed to a paralegal or buried in a queue. Trial-ready on every case — insurance companies know Peter takes cases to trial. That changes what they offer. Board-Certified and admitted to the U.S. District Court and U.S. Court of Appeals, Eleventh Circuit. 20+ years practicing personal injury exclusively in Palm Beach, Broward, and Miami-Dade County courts. South Florida Legal Guide “Top Up and Comer” — five consecutive years (2017–2021). Avvo Clients’ Choice Award · Client Champion Award · Marquis Who’s Who (2020) Peter earned his B.S. in Biology from Penn State University and his J.D. from the University of Pittsburgh School of Law. He is licensed in both Florida and Pennsylvania and has been practicing personal injury law for more than two decades. Meet our full team → Step by Step What to Do After a Car Accident in Delray Beach The decisions you make in the hours after a crash can protect — or seriously damage — your ability to recover full compensation. 01 Call 911 Immediately Even if the crash seems minor, get law enforcement to the scene. A police report creates an official record of what happened — and how a crash is described in that report can directly impact how responsibility is assigned, which is why accurate documentation from the start matters enormously. 02 Document Everything at the Scene Photograph the vehicles, road conditions, traffic signals, skid marks, and any visible injuries. Get names, contact information, and insurance details of all drivers. Collect witness information before people leave. 03 Seek Medical Care Immediately — Within 14 Days Under Florida’s PIP law, you must seek treatment within 14 days to preserve your PIP benefits. Whiplash, TBIs, and internal injuries often don’t show symptoms for days. 04 Don’t Give a Recorded Statement The adjuster calling you is not on your side. A recorded statement — even an innocent-sounding one — can be used to minimize your claim. Politely decline and call us instead. 05 Don’t Post on Social Media Anything you post — even a photo of yourself looking fine — can be used against you by the defense. 06 Preserve All Evidence Don’t repair your vehicle until it’s been documented. Save all medical bills, prescription receipts, and records of missed work. 07 Call Porcaro Law Group The sooner we’re involved, the better. Evidence disappears, witnesses forget details, and insurance companies move fast. We respond in under 30 minutes. Know the Playbook What the Insurance Company Is Doing Right Now If you’ve already been contacted by an adjuster — yours or the other driver’s — understand this: that call is not a courtesy. It’s strategy. Recording everything. Every word you say — even casual conversation — can be used to dispute your claim. “I’m feeling okay” becomes evidence against your pain and suffering claim. Offering a fast, lowball settlement. A quick check feels like relief, but it comes with a release form that permanently waives your right to pursue additional compensation. Investigating your social media. Adjusters routinely search claimants’ profiles for photos and posts that suggest you’re not as injured as you claim. Looking for ways to shift blame. Florida’s modified comparative negligence law means if they push your share of fault above 50%, you recover nothing. Peter Porcaro spent years on the other side of this table. He knows every move in the playbook — and how to counter each one. Read more: How insurance companies pressure crash victims to sign away their rights.   Local Data Delray Beach Car Accident Statistics: Why This Area Demands an Experienced Lawyer Delray Beach and Palm Beach County are not abstract statistics. These are the roads you drive every day. Florida recorded 2,738 fatal crashes and 2,930 traffic deaths in 2025 — a meaningful improvement from 2024’s 381,423 crashes and 3,098 fatalities, but the state remains one of the deadliest in the nation for drivers, cyclists, and pedestrians alike. The Palm Beach County MPO designated traffic fatalities and serious injuries as the county’s #1 road safety priority for 2026 — a formal acknowledgment of how serious the problem has become right here in our community. Palm Beach County recorded 6,614 hit-and-run crashes in 2025 — causing 1,574 injuries and 7 deaths, per preliminary FLHSMV data. If you’ve been the victim of a hit-and-run in Delray Beach, you still have legal options. FLHSMV reported 53,596 distracted-driving crashes in Florida in 2025, resulting in 268 fatalities — still

Read More »
Commercial truck accident attorney in Delray Beach, Florida
Personal Injury

Truck Accident

Porcaro Law Group 401 W. Linton Blvd., Suite 202A · Delray Beach, FL 33444 · (561) 450-9355 Truck Accident Attorney Delray Beach A collision with a semi-truck isn’t like any other crash — the force, the injuries, and the legal fight are all in a different category. Peter Porcaro handles your case personally, and knows exactly how trucking insurers build their defense because he used to build it for them. Get Your Free Consultation Call (561) 450-9355 No fee unless we win $15M+ Recovered 4.9★ 159 Reviews 20+ Years Experience $0 Unless We Win Justia 10.0 BBB A+ Avvo Clients Choice Client Champion Board-Certified Google 5.0 Board-Certified Google 5.0 Client Champion Avvo Clients Choice Justia 10.0 BBB A+ The Stakes Why Truck Accidents Are Legally and Physically Different When a passenger car and a fully loaded semi-truck collide, the physics are brutal. Tractor-trailers weigh up to 80,000 pounds — roughly 20 times the weight of a standard passenger vehicle. 5,218 large trucks were involved in a fatal crash in 2024 — a 3% decrease from 2023, but a 30% increase over the last decade, per National Safety Council analysis of NHTSA data. In two-vehicle crashes involving a truck and a passenger car, 97% of the fatalities are the people in the smaller vehicle. The legal complexity matches the physical danger. Truck accident cases involve multiple parties who may each share liability: the truck driver, the trucking company, the cargo loading company, the vehicle manufacturer, and third-party maintenance contractors. Identifying every responsible party — and holding each accountable — requires immediate, aggressive investigation that standard car accident cases never demand. The Federal Regulatory Layer Commercial trucking is governed by the Federal Motor Carrier Safety Administration (FMCSA), which imposes mandatory rules that go far beyond standard traffic law: Driver qualification and Commercial Driver’s License (CDL) standards Hours of Service (HOS) limits and Electronic Logging Device (ELD) requirements Vehicle inspection, maintenance, and repair standards Cargo weight limits and securement requirements Mandatory pre-employment, random, and post-accident drug and alcohol testing When a driver or trucking company violates these regulations, it is not merely a traffic infraction. It is evidence of negligence — and it can dramatically strengthen your claim for compensation. Evidence Disappears Fast — This Is Not a Figure of Speech Black box data, electronic driver logs, dashcam footage, and maintenance records can be overwritten, altered, or destroyed within days of a crash. Porcaro Law Group moves immediately after being retained to send legal preservation letters demanding that all evidence be held. Every day without that letter is a day that evidence may be lost forever. What We See Most Common Causes of Truck Accidents in Delray Beach and Palm Beach County I-95 cuts directly through Palm Beach County as one of the most heavily traveled freight corridors on the East Coast. When something goes wrong with an 80,000-pound vehicle at highway speed, the consequences are catastrophic. Driver Fatigue Federal Hours of Service rules exist for one reason: fatigued drivers kill people. Driver fatigue is a contributing factor in up to 13% of all large truck crashes, and in a 2006 driver survey conducted for FMCSA, 47.6% of drivers reported having fallen asleep at the wheel in the prior year. When a driver falsifies logbook entries to hide HOS violations, that is fraud — and falsification of records of duty status was the second most-cited driver violation across all FMCSA inspections, with 58,382 violations recorded in 2024. Distracted Driving Texting, adjusting a GPS, or eating while operating a vehicle that weighs 40 tons is not a minor lapse in judgment — it is a deadly choice. A single second of inattention at 60 mph means the truck has traveled 88 feet with no one truly at the wheel. Speeding and Aggressive Driving A fully loaded tractor-trailer traveling at 60 mph requires 310 feet to come to a complete stop — nearly the length of a football field. A driver who is speeding, tailgating, or weaving through I-95 traffic in a vehicle that size is creating a lethal hazard for every car around them. Impaired Driving Alcohol-impaired truck drivers involved in fatal crashes increased by 26% in 2024. Federal law requires mandatory drug and alcohol testing — but violations persist. When a trucking company fails to enforce its own testing program, the company shares direct responsibility for what happens next. Improper Loading and Unsecured Cargo Freight that is overloaded, improperly balanced, or inadequately secured can shift during transit, causing a driver to lose control or debris to fall directly into traffic. Cargo loading companies carry independent liability for these failures. Poor Truck Maintenance The 2025 CVSA International Roadcheck recorded an 18.1% vehicle out-of-service rate across 56,178 inspections — still nearly one in five trucks pulled off the road for safety violations. Research shows trucks with out-of-service violations carry a 362% higher crash risk than properly maintained vehicles. Brake failures, blown tires, and faulty lighting are preventable. Severe Weather and Construction Zones Florida’s sudden afternoon storms drop visibility to near zero and eliminate road traction in seconds. I-95 construction zones through Palm Beach County compress lanes and impose reduced speed limits that many truck drivers ignore. Blind Spots Every commercial truck has four large blind spots. A driver who changes lanes, merges, or makes a wide turn without properly checking these zones can crush a passenger vehicle that was completely invisible to them the entire time. The Impact Injuries Sustained in Truck Accidents Near Delray Beach 120,724 large trucks were involved in crashes resulting in injury in 2024 — a 5.4% increase over 2023, per National Safety Council analysis of NHTSA data. The mass and momentum of an 80,000-pound commercial vehicle transfers catastrophic force into a passenger car’s occupant compartment — force the human body is not built to absorb. Traumatic Brain Injuries (TBI) — from concussion to severe cognitive impairment, memory loss, and permanent personality change. Our brain injury attorney handles TBI cases with the long-term care analysis these claims require. Spinal Cord Injuries — partial or

Read More »
Speak with a trusted wrongful death attorney in Delray Beach, Florida.
Personal Injury

Wrongful Death

Porcaro Law Group 401 W. Linton Blvd., Suite 202A · Delray Beach, FL 33444 · (561) 450-9355 Delray Beach Wrongful Death Attorney for Grieving Families If negligence took someone in your family, Florida’s Wrongful Death Act lets the estate recover funeral costs, lost support, and damages for each surviving family member. I’m Peter Porcaro, and I’ve practiced injury law in Palm Beach County for more than 20 years. When you’re ready, I’m here. Free Consultation Call (561) 450-9355 No fee unless we recover $15M+ Recovered 5.0★ Google Rating 20+ Years Experience $0 Unless We Recover Board-Certified Google 5.0 Client Champion Avvo Clients Choice Justia 10.0 BBB A+ Understanding the Claim What a Wrongful Death Claim Is Under Florida Law A wrongful death claim is a civil lawsuit filed when someone’s negligence causes a death. It’s brought under Florida Statutes §768.16–768.26 by the estate’s personal representative, on behalf of the survivors. This is a civil case, not a criminal one. The state may also prosecute a driver or a company, but that case belongs to the government. The wrongful death claim belongs to the family, and it does not depend on an arrest or a conviction. The standard of proof is lower too: negligence by a preponderance of the evidence, not guilt beyond a reasonable doubt. The Act covers deaths caused by a wrongful act, negligence, default, or breach of a legal duty. That includes crashes on I-95 or Atlantic Avenue, unsafe property conditions, medical errors, and defective products. One claim is filed. It covers the estate and every survivor the law recognizes. Your Attorney Meet Peter Porcaro, Your Delray Beach Wrongful Death Attorney I’m board-certified in civil trial law, a credential the Florida Bar awards to a small percentage of Florida lawyers. I graduated from Penn State in 2003 with a biology degree and from the University of Pittsburgh School of Law in 2006, the year I was admitted to the bar. I’m licensed in Florida and Pennsylvania. Before I represented injured people, I defended insurance companies in Boca Raton. I know how the other side values a life because I used to sit on that side of the table. Adjusters know my name, and they know I don’t bluff. When you hire this firm, you get me. Not a case manager, not a paralegal. Every case is prepared as if it will be tried, because that’s how the best settlements happen. My firm has recovered more than $15 million for clients, and I file cases at the Palm Beach County Courthouse, home of the 15th Judicial Circuit. Read more about our team →  What We Handle Wrongful Death Cases We Handle in Delray Beach and Palm Beach County Palm Beach County recorded 207 traffic deaths in 2024. Behind each number is a family in our county dealing with a loss no lawsuit can undo. We serve Delray Beach, Boca Raton, Boynton Beach, and all of Palm Beach County from our office on Linton Blvd. Fatal Car Accidents Crashes on I-95, Linton Boulevard, and Atlantic Avenue end lives every year in Palm Beach County. If a negligent driver caused your family’s loss, we file under the Act and pursue every insurance policy that applies. More on car accident claims. Pedestrian and Bicycle Deaths Sixty-one pedestrians died in Palm Beach County crashes in 2024, up 13 percent from the year before. A person on foot has no protection, and the injuries that cause these deaths are usually catastrophic. We reconstruct the crash and hold the driver accountable in civil court. Motorcycle Fatalities Thirty-two motorcyclists died in Palm Beach County in 2024, a 52 percent increase. Drivers who “didn’t see” a rider are still negligent. See how we handle motorcycle accident cases. Commercial Truck Crashes Truck cases involve federal hours-of-service rules, maintenance records, and corporate carriers with teams of adjusters. We have handled truck accident litigation against those carriers, and we prepare every one for trial. Premises Liability and Falls Unsafe stairs, poor lighting, unsecured pools, and negligent security kill visitors in Palm Beach County every year. Property owners and their insurers answer for those conditions. See premises liability claims. Medical Negligence Fatal medical errors follow a different set of rules. Under Fla. Stat. §768.21(8), adult children and the parents of adult children cannot recover mental pain and suffering in a medical malpractice death. The clock is different too: two years from when the error was discovered, capped at four years. Our medical malpractice practice handles these cases. Hit-and-Run and Uninsured Drivers Florida recorded 242 hit-and-run deaths statewide in 2024. A driver fleeing the scene doesn’t end the claim — it changes how we investigate it. We pursue uninsured motorist coverage, track down the vehicle, and go after anyone who enabled the driver. Roughly 1 in 5 Florida drivers (20.6%) carry no insurance at all, per the Insurance Research Council’s most recent published data — the seventh-highest rate in the country, which is why we check every policy. Deaths Involving Government Entities Under Fla. Stat. §768.28, claims against a city, county, or state agency require written notice to the Department of Financial Services within two years, and damages are capped at $200,000 per person and $300,000 per incident. Punitive damages are not available. These deadlines are strict, so we confirm the correct government entity early.  Recovery What Your Family Can Recover Under the Florida Wrongful Death Act The Act divides recovery into damages for the estate and damages for each survivor. Here is what each category covers.  Lost Support and Services Fla. Stat. §768.18(4) covers the support and services the person provided — the rides, the repairs, the childcare, the income. The law counts them all, valued over the years the family would have received them. Read more about types of personal injury damages.  Mental Pain and Suffering by Survivor Type Under §768.21(2)–(4), a surviving spouse recovers mental pain and suffering from the date of injury. Surviving children recover for their own loss. Parents of a minor child recover for the loss of that child. Parents of an adult child recover only

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