Attempting to navigate Daytona Beach personal injury claims’ challenging and complex process can be overwhelming and confusing. Because of how difficult this process is, we recommend calling our Daytona Beach personal injury lawyers for assistance.
If you are injured in a Florida accident, acquiring professional legal representation will help you navigate the complexities of this area of law and increase the likelihood that you will successfully recover damages.
Remember, all personal injury claims are unique, and multiple factors will impact the outcome of your case. Because of this, you must let us help with your situation. In every case, we take on and client we represent, our goal is to help them recover the most compensation possible for their claim.
Learn more about our services and the personal injury lawsuit process in Dayton Beach. Keep reading to learn more.
Table of Contents
Understanding A Daytona Beach Personal Injury Claim
To prove a Florida personal injury claim, you must understand the laws related to personal injury cases. Two statutes in Florida govern personal injury situations. These include damage caps and comparative negligence.
Even though it can be complicated to understand all the nuances related to personal injury law in Florida, it comes down to a simple concept – the ability of the injured party to prove someone else was at fault for their injuries.
Understanding Negligence and Its Role in Daytona Beach Personal Injury Claims
When you try to defend your personal injury claim, you must determine who the at-fault party is. Doing this will help determine if negligence played a role in your injuries and damages.
If you were injured due to an accident, then winning your claim depends on if you can prove the other party was negligent in some way. Because of this, you must hire a quality personal injury lawyer. You should also be honest and transparent with them from the start of your case. The more information and details you can share about the situation, the more your attorney can strengthen your claim.
Understanding Comparative Negligence
The most important factor to keep in mind when it comes to your personal injury case is negligence. If you happened to be at fault – in any way – for the incident in question, it would affect the damages you recover. However, if you, with the help of our legal team, can prove the other party was at fault, it will strengthen your claim and help to improve the likelihood of you recovering damages.
For someone to be considered at fault, you must prove that the accused at-fault person acted in some unreasonable manner. These unreasonable actions resulted in the accident or incident, which then caused the injury because of negligence.
Learn how negligence is broken down in a Dayton Beach personal injury case here.
Duty of Care
The duty of care is a concept that holds every person responsible for others. The responsibility includes making sure you don’t put someone else in danger or cause an injury to them. Even though this seems simple, the details of how far this goes can be more complex.
One example will be if someone has a business with flooring issues, like a broken step. The owner or manager should take reasonable steps to fix the problem. If this reasonable care isn’t taken, such as putting up a warning sign or blocking the area, and someone is injured, then the property owner or the person using the space may be considered at fault.
The Breach of Duty
Once the duty of care has been established, it’s important to determine that a breach occurred. This means that the person responsible did not take the necessary action to ensure safe conditions were present.
This is another area of personal injury law that can be tricky. Are they negligent if a business owner didn’t install a sign or block of the area where the faulty flooring is located? In these situations, the court will determine this. It’s up to you and your attorney to gather evidence to prove that the duty of care was breached.
Once you have proven duty of care and a breach of the duty, you must prove an accident and an injury was caused. Because “reasonable” action varies greatly, proving the causation is complex.
Also, someone can be considered negligent for a situation but not responsible. One example is if the business owner hung a sign, but the victim didn’t read it and slipped and fell, which caused a back injury, then they could be at fault. However, they may not be negligible because there were precautions that warned the victim of the issues.
The court may also decide that they didn’t take the proper reasonable steps to avoid the situation because the area wasn’t blocked off from use. Unfortunately, proving causation is one of the most challenging parts of any personal injury lawsuit. That’s why hiring our Daytona Beach personal injury attorney is so important.
Understanding Personal Injury In Daytona Beach
When you hire our legal team, we will work for you to prove negligence and help you receive compensation for your injuries and damages. However, it is worth noting that there are some damage caps in Florida related to the compensation you can receive in a personal injury case.
This means that there’s a limit to what you can recover for your claim. A good attorney (like our legal team) will be upfront with you from the start related to your claim’s strength and how likely it is to be successful.
A Step-by-Step Guide to Filing Your Personal Injury Claim in Daytona Beach
Are you struggling with an injury and unsure of what steps to take to file an accident claim? If so, our attorneys are here to help. However, knowing the process can also help you in this challenging time.
Step 1: Filing the Claim
When it comes time to file your personal injury claim, you need to include all the parties involved. When you file a claim, all parties will be notified that you seek compensation because of the injury you experienced. This is where our legal team can help.
Step 2: Negotiating Your Settlement
At this point, your legal representation will communicate with the other party to try to reach a settlement agreement. Usually, several offers and counteroffers are made. The goal is to reach a fair settlement for all parties involved.
Step 3: File the Official Lawsuit
This is a step that will only occur if you and the other party cannot reach an agreement about a settlement amount. Sometimes, the at-fault party for your injury will try to make a low offer to settle with the hopes that you accept it. Your attorney can advise you about when you should or should not accept a settlement offer. If the offer is not considered fair, then we will help you file an official lawsuit.
Step 4: Going to Court to Defend Your Lawsuit
During this step, it’s necessary to prove negligence (as mentioned above). Unfortunately, this is a challenging and complex process in many situations. As we defend your claim in court, our legal team will work to show that the injuries and damages you suffered were a direct result of the other party’s negligence and that you deserve compensation because of this negligence.
Step 5: Try Your Case in a Florida Courtroom
It will be impossible to achieve an agreeable personal injury case settlement from the at-fault party’s insurance company in some situations. When this happens, your case will go to trial. Our legal team is ready to defend your case in court and help you achieve the desired results for the situation.
Each step above depends on what happens in the step before it. It is hard to know how your case will end at the start since there are so many different factors that come into play in any personal injury case.
You must find and hire a quality personal injury attorney for this and several other reasons. Our attorneys can guide you through the entire legal process and ensure that you understand what is going on each step of the way.
Types of Damages You Can Claim in a Dayton Beach Personal Injury Lawsuit
Receiving compensation for your personal injury lawsuit is officially called “damages.” That’s because the victim is trying to receive monetary compensation for how their life was “damaged” due to the accident or incident. Some of the areas include finances, wellness, and health.
Suppose you are injured in a Daytona accident. In that case, it’s a good idea to file a personal injury lawsuit to receive damages for your injury-related medical costs, including emergency transport, ER services, treatments, surgeries, hospital care, medications, and more.
However, the damages that can be recovered in these accidents go further than just your short-term health. One example will be if you cannot return to work due to your injury. In this case, it may be necessary to file a lawsuit that includes recovery damages for your lost wages because of the accident or for your inability to work in the future.
In this type of situation, determining how much you deserve as damages is usually a simple process. However, other situations may be more complex. One example of damages that are hard to determine is pain and suffering.
There are three basic types of damages for personal injury claims in Florida – general, compensatory, and punitive.
Some of the most common damages that are successfully recovered in these cases include:
- Emotional distress
- Medical treatment and costs
- Loss of relationships
- Pain and suffering
- Loss of enjoyment
- Property damage
- Loss of income
- Future medical
How A Daytona Beach Personal Injury Lawyer Near Me Can Help Today
If you are in a situation where you need to file and fight a Dayton Beach, personal injury lawsuit, our legal team is here to help with each step of the process. We can review your claim and ensure that you are well compensated for your injuries.
We can review your injury and the damages you incurred to determine a fair settlement amount. While this process can be challenging and complex, our legal team has years of experience helping clients just like you. We can review your case and help you take the first step toward getting the compensation you deserve.
The first step is to contact us. We can schedule a free consultation to discuss your case and your needs. Don’t wait. The longer you wait to seek help with your legal laim, the more challenging it may be to help you get the compensation you deserve.
Daytona Beach Personal Injury Law Office
Shiner Law Group
1635 South Ridgewood Avenue, STE 218
South Daytona, FL 32119