Daytona Beach Personal Injury Lawyer
When going out and about in our daily lives, the last thing on our minds is being involved in an accident. However, accidents can happen at any time and cause devastating injuries. According to recent data from Florida Health, thousands of Americans are injured annually in Florida injury accidents.
Accident victims usually suffer a wide range of injuries, including spinal cord injuries, internal injuries, and bruises. These injuries can be devastating and life-altering, necessitating long-term medical care.
An experienced personal injury lawyer can help injured individuals seek compensation for their accumulated damages. They level the playing field with insurance companies to advise injury victims not to accept lowball settlement offers.
Read on to learn how personal injury lawyers can help injury victims try to recover financial damages.Importance of Hiring a Personal Injury Lawyer
Besides the physical stress of recovering from an unexpected personal injury, there are often additional financial and emotional burdens. The carelessness of others should not cost victims injuries and financial damages.
Hiring a personal injury lawyer could help victims recover the value of their damages. Insurance companies often try to undervalue personal injury claims. Therefore, accident injury victims should be prepared to defend their right to recover by seeking fair compensation. Retaining the services of an accident injury attorney familiar with the strategies insurance companies employ to avoid paying out full claims will increase the chances of a successful claim.
Our Daytona Beach personal injury lawyers will examine medical records and expert witness statements to build a solid case (by appointment only). They'll handle all legal correspondences between the victims and insurance companies, bill collectors, or the police.
Handling an injury claim without legal counsel can predispose claimants to low offers. Find a successful personal injury law firm before accepting an offer.Most Common Accidents that Cause Personal Injuries
Different types of accidents can result in personal injuries. Some of the most frequent causes of personal injury claims in Florida are:
- Motor-vehicle accidents
- Work-related accidents
- Motorcycle crashes
- Medical malpractice
- Ride-share accidents
- Wrongful death
- Boating accidents
- Sexual assault
Most individuals are concerned about how their actions after a personal injury will affect their ability to seek compensation. This is a legitimate concern because any actions or inaction after an accident can affect an injury claim. Injury victims should follow the steps below to protect their legal rights.Immediate Medical Attention
Irrespective of the type of accident, victims should always prioritize medical help. Although most people consider the possibility of legal action following an accident, victims should first seek medical attention.
Delaying medical attention is dangerous to an injured party's health and can lower the chances of receiving adequate compensation if someone needed treatment for an injury.Never Admit Fault
Injured individuals should remember that anything they say can be used against them in a legal compensation claim. It is best not to apologize or say more than is necessary in the aftermath of an accident that results in personal injuries, such as a car crash or a slip and fall.
A sincere apology could be interpreted as an acknowledgment of wrongdoing. It's surprising how often people apologize without thinking about how it can hurt their case. For the same reason, it's best not to discuss the accident or injuries. Insurers know that information shared on social media can be used against claimants, so avoid discussing sensitive matters.Document the Scene
Evidence gathered at the scene of an accident strengthens injury claims. Injured parties can delegate this task to someone else if needed. Accident victims should take objective photos of the scene, any injuries, and other relevant details at the scene.
This will help victims retain essential information and provide evidence that Florida personal injury attorneys need. Victims should also record the contact information of any witnesses.
Call (561) 800-8000 to speak with a Florida personal injury attorney today.Proving a Florida Personal Injury Case
The injured party must demonstrate that the at-fault party or parties' negligent actions led to their injuries and financial losses. The following three-part negligence concept underlies this problem of fault:
- Duty of care
- Breach of duty of care
The term "duty of care" refers to a person's legal responsibility to avoid endangering another person. Almost everyone owes some degree of care to others to avoid causing them harm, but the question is how much in cases involving personal injury.
For instance, the proprietor or management of a grocery store must ensure shoppers' safety by addressing hazards such as spills.Breach of Duty of Care
After establishing that one party owed the other a duty of care, the next step in a negligence case is determining whether the party breached that duty. Suppose an individual or entity fails to uphold their duty of care, for example, by ignoring a dangerously dangling handrail for several months. In that case, they may be liable for negligence in a court of law.
An essential question is whether the defendant actively made the situation dangerous or failed to prevent it. This can be demonstrated relatively easily in cases where a driver is caught exceeding the speed limit.Causation
A negligence case will have to prove causation after establishing that the defendant owed the claimant a duty of care and breached it. Although it may seem that it is a straightforward case of establishing causality, it can quickly get complicated.
Someone admitting wrongdoing is not necessarily proof that negligence caused the injuries. For example, if someone slips and falls at a business establishment, the owner could argue that the plaintiff was distracted by their phone while walking. An insurance company can also suggest that the injury existed before the victim slipped and fell.The Victim Suffered Damages
The victim must also show that they sustained physical, emotional, or monetary damages as a direct result of the defendant's wrongdoing. When the victim's injuries are moderate to severe, we often file a claim for economic and non-economic damages.
Having a seasoned Florida personal injury lawyer on your side can make the process much easier and increase the chances of a positive conclusion.Personal Injury Damages in Florida
The goal of a successful personal injury claim is not to make the injured party wealthy. Rather, it's about an accident victim not becoming destitute. We care about accident victims' future financial stability and don't want to allow accident-related medical bills to strain a victim's family's budget.
Awarded damages help compensate the aggrieved party for financial losses they incurred because of the incident. A personal injury claim is an effort to restore a victim's financial status to pre-accident levels through the civil justice system after they have suffered an injury. Nobody should have to foot the bill for damages caused by the reckless or inconsiderate actions of another.
Some damages, such as car repairs or medical costs, have a direct dollar value, but other damages can be difficult to quantify.Economic Damages
The following are examples of economic damages that may be awarded in personal injury cases:
- Current and future medical expenses
- Loss of past and future wages
- Property damage
- Cost of rehabilitation
Economic damages often have a direct monetary value.Non-Economic Damages
These are losses with no definite dollar value. They include:
- Emotional distress
- Pain and suffering
- Loss of companionship
- Loss of enjoyment
At Frankl Kominsky Injury Lawyers, we also represent clients in wrongful death lawsuits. In a personal injury case, the victim can pass away due to their injuries. Through a wrongful death claim, we can assist the decedent's loved ones to seek compensation for their economic and non-economic losses.Filing Personal Injury Claims in Florida
The injured party in a Florida personal injury case must often make a claim with the negligent party's insurance provider before filing a lawsuit in court.
Filing a claim for damages for personal injury alerts the negligent driver's insurance provider about the possibility of a lawsuit. After filing the claim and the injured plaintiff has completed all necessary medical treatment and physical therapy, the plaintiff's attorney will ask to review the injured person's medical records and bills.
A personal injury plaintiff might submit a claim against their insurance company if the at-fault drivers were uninsured or underinsured. Personal injury protection (PIP) policies help pay medical expenses in cases where the injured party is not at fault for the accident.Injury Attorneys Help Come Up with Damage Demand Packages
A personal injury attorney from our Florida firm can create a settlement demand package once victims have received medical care for the accident-related injuries. They will then forward it to the insurance company's claims adjuster.
A personal injury attorney will also include a cover letter with an initial settlement demand in the package. They will ask for fair compensation from the insurance company if a client has a severe personal injury.Negotiating with Insurance Adjusters
If the at-fault insurer accepts liability, the injured party should anticipate an initial compensation offer from the insurance company representing the party to blame shortly after the adjuster evaluates the damages. This first settlement offer is not always adequate.
When the insurance company's adjuster makes a first settlement offer, the plaintiff's lawyer will negotiate for a better outcome if necessary. Negotiations for a settlement can take anywhere from a few weeks to months.
The severity of the injuries and the intricacy of the legal proceedings are usually the determining factors in how long a personal injury case will take to resolve.Personal Injury Case Litigation
An insurance company and an injured plaintiff could be unable to reach a settlement in a personal injury claim when they cannot agree on a fair amount. Suppose the injured party cannot agree on a satisfactory settlement through negotiation. In that case, they may file a personal injury lawsuit in a Florida civil court and take the matter to trial.
Once a plaintiff files a personal injury lawsuit with the court system, it's not guaranteed that the matter will be tried in court. Most personal injury cases filed in Florida are settled out of court because it is faster, less expensive, and more convenient for all parties involved.
Jury trials for personal injury cases can last for a very long time. Civil jury trials in Florida usually follow these steps:
- Depositions and pre-trial motions
- Picking a jury
- Opening statements
- Witness examination and cross-examination
- Reciting jury instructions
- Closing arguments
- Deliberations by the jury
- Issuance of the jury verdict.
We have Florida personal injury lawyers on call who can advise injured persons on whether to go to court over an accident. They will be able to advise victims based on their unique situations by using their legal expertise.Why Contact an Attorney
An individual may be eligible for financial compensation under Florida law if they or a loved one have suffered bodily injury as a result of the negligence of another. Suing another party for damages after an accident can be a drawn-out and complex process. A personal injury attorney must perform various tasks, so plaintiffs should have a qualified, experienced litigation attorney on their side during the entire process.
With the guidance of a Florida personal injury attorney at At Frankl Kominsky Injury Lawyers, accident injury victims may be able to settle, use alternative dispute resolution, or win a case in court. We've been helping injured victims seek compensation for over a decade.
As a client of Injury Lawyers, injury victims can rest assured that we will give their concerns our undivided attention. We handle all aspects of the claims process for our clients, including delivering regular status reports. We want to help our clients have the space and time to concentrate on recovering so that they can return to their lives.
Our team has extensive experience in helping our clients seek compensation. We are honored to serve as legal counsel for those who have suffered an injury in accidents throughout Florida (by appointment). Our results-oriented strategy has produced outstanding outcomes. Frankl Kominsky Injury Lawyers is proud of the positive feedback from our clients, who have praised our prompt communication and dedication.Statute of Limitation on Personal Injury Cases
The statute of limitations for Florida personal injury claims that involve bodily injuries is four years from the date of the accident. Failure to meet this deadline will bar an injured individual from seeking compensation. However, this law has some exceptions, such as when injuries involve government entities or when injuries aren't noticeable immediately after an accident.
Florida laws sometimes waive the state's right to immunity for liability. An individual injured by the state government of Florida could potentially file a compensation claim.Choosing the Right Lawyer
The ability to negotiate successfully largely depends on the personal injury attorney someone hires. For accident claims, find an accident injury attorney with relevant experience in similar cases.
Although recommendations are helpful, accident victims should use their assessment of a personal injury attorney before retaining one. Consider the following factors.
- Years of experience
- Experience in personal injury cases
- Negotiation skills
- Legal fees
- Time and availability
Having the wrong lawyer can limit the chance of recovering full compensation.
Legal options may be available if someone feels their previous personal injury attorney botched their case, resulting in a low settlement. Legal malpractice is something people can potentially file a claim for. Legal malpractice may refer to many issues, although proving it can be difficult. Don't hesitate to contact one of our personal injury lawyers for help.Contact Frankl Kominsky Injury Lawyers for Assistance with Florida Personal Injury Claims
The capacity to work, enjoy life, and perform daily tasks can be negatively impacted by the carelessness of others, such as a negligent property owner, medical practitioner, or dangerous driver. The personal injury attorneys at Frankl Kominsky Injury Lawyers can help victims get their lives back on track after an accident. Our firm is committed to using its resources to help our clients seek adequate compensation for sustained injuries.
Personal injury victims from Daytona Beach, Florida, can rely on the years of experience of the lawyers at our firm. Our team is available to meet with clients for consultation (by appointment only). In the case of financial loss, we will work by negotiation, mediation, arbitration, or trial.
If you have any questions about personal injury law in Florida, our team is ready to answer them through a free initial consultation. Call us to schedule a free, no-commitment case evaluation.
Consulting an attorney early on is crucial to avoid making costly mistakes that could harm a personal injury claim. Call us at (561) 800-8000 or send us a message on our website to speak with a Florida personal injury lawyer from our firm and learn more about your rights and alternatives. We're here to help injured persons seek the justice they deserve.