If you have been injured due to someone else’s negligence, you have the right to pursue fair compensation for your damages. A Daytona Beach personal injury lawyer could assess the true value of your claim, negotiate with insurance companies, and represent you in court if necessary.
Our experienced attorneys at Colling Gilbert Wright could guide you through the legal process, including filing claims, meeting deadlines, and understanding legal requirements. We could handle all aspects of securing a fair settlement for your past, present, and future monetary losses. Many of our cases come from referrals by other attorneys and law firms who trust us to handle their clients’ serious injury claims. Please call us today to schedule your free initial consultation.
What Are Common Types of Personal Injury Claims?
A personal injury claim typically arises when someone’s actions (or inaction) fall below a certain standard of care, causing harm to another person. These factors can arise in numerous negligence-based incidents, including:
- Car accidents
- Motorcycle accidents
- Slip and fall accidents
- Medical malpractice
- Dog bites
- Pedestrian accidents
- Wrongful death
- Premises liability
- Construction accidents
- Workplace accidents
- Boating accidents
Navigating the complexities of personal injury law, insurance companies, and potential litigation can be challenging without dedicated legal representation. Our personal injury lawyers in Daytona Beach could gather evidence, interview witnesses, and build a strong case on your behalf.
How Much Time Do You Have to File a Personal Injury Claim?
Like all lawsuits in civil court, personal injury claims are subject to statutes of limitation. These are laws that limit the timeframe for filing various types of lawsuits.
Florida Statutes § 95.11(5) allows adults two years from the date of injury to file a lawsuit. When the injuries were fatal, the victim’s loved ones have two years from the date of death to file a wrongful death lawsuit. If a child was injured, they can bring a suit within two years of their 18th birthday, but it is usually advantageous for a parent or guardian to sue on the child’s behalf within two years of the incident.
There are situations that extend the statute of limitations in some cases. It is worthwhile consulting a Daytona Beach injury attorney even if you believe you may have missed your opportunity to make a claim.
The Discovery Rule
Sometimes an injury is not immediately obvious. This situation arises most frequently in cases of medical malpractice or toxic exposure. The general rule is that when there was a delay in discovering an injury, the two-year time period begins on the date you learned about it.
Statutes of Repose
Some claims are subject to another limitation called a statute of repose. These put a time limit on lawsuits, even when there was a delay in discovery.
If you have a medical malpractice claim and did not discover it immediately, you must sue within four years of the malpractice, regardless of the date of discovery. When a child has a birth injury, the parents must sue before the child’s eighth birthday, even though the full extent of the developmental impact may not be apparent yet. If you were injured by a defective product, you must sue within two years of your injury and twelve years of the product leaving the manufacturer’s control.
An Overview of the Claims Process
When you come to The Florida Firm for a free consultation, our team gets as much information as we can about the incident and its impact on you. We check to make sure that you have not missed any critical legal time limits.
If you have a viable case and decide to move forward with us, our Daytona Beach injury lawyers will conduct the necessary investigations. For a medical malpractice case, we will locate a medical expert and ask them to review your medical records and confirm that your healthcare provider did not meet the appropriate standard of care. Different types of cases may require input from private investigators or various experts.
When we have evidence that another party or several parties contributed to the incident that caused your injuries, we contact them or their insurance company. Negotiations usually produce a reasonable settlement within a few months, although it may take longer if your case is complex or your injuries are very severe. When the responsible party does not agree to an acceptable settlement, we can take the case to court when doing so is in your best interests.
Liability and Compensation in Personal Injury Claims
To establish liability and pursue compensation in a personal injury claim, you must prove that the other party’s negligence directly caused your injuries, resulting in damages. This involves demonstrating the following:
Duty of Care
This involves proving that the other party (defendant) owed you a legal duty of care. This duty can be based on various circumstances, such as a driver’s duty to operate their vehicle safely or a property owner’s duty to maintain safe premises.
Breach of Duty
This involves showing that the defendant failed to uphold their duty of care. This means proving they acted or failed to act in a way a reasonable person would have under similar circumstances.
Causation
This demonstrates that the defendant’s breach of duty directly caused your injuries. It involves proving that the injury would not have occurred without the defendant’s actions.
Damages
This requires proving you suffered actual damages as a result of the injury. These damages can include medical expenses, lost wages, pain and suffering, and emotional distress.
You can prove your non-economic damages by producing invoices from medical providers and statements from your health insurer (and PIP insurer, if you received your injuries in a vehicle accident). Your employment records and tax returns can establish your lost income and the value of any paid time off you took. If your injuries impact your ability to work, we can engage an actuary or economist to calculate the diminished value of your future earning capacity.
Proving your pain and suffering damages is not as straightforward. Personal journals describing your day-to-day experiences after the injury can be compelling evidence. Photographs, video, and statements from you and your loved ones can help demonstrate how your injuries impacted your quality of life.
Our Daytona Beach attorneys have the resources and experience to gather evidence, such as police reports, witness statements, and medical records, which are crucial for proving liability and the extent of your personal injury damages. We could also consult with subject matter experts, such as accident reconstruction specialists, to strengthen your case.
Book Your Consultation With a Daytona Beach Personal Injury Attorney
Establishing that the other party was negligent and caused your injury is often a crucial hurdle. Insurance companies frequently attempt to minimize payouts or deny claims altogether by disputing the severity of injuries, questioning the accuracy of records, and delaying the claims process. A Daytona Beach personal injury lawyer could help you understand the legal procedures at every stage of your case and navigate the court system (as necessary) on your behalf.
Our legal team could pursue all sources of compensation for your personal injury claim. Our recent personal injury settlements include:
- A settlement of $5.3 million against a driver and their employer for burn injuries from a fiery automobile accident
- A $3.2 million medical malpractice settlement for the delayed delivery of a baby with fetal distress
- A $2.5 million product liability settlement for an SUV rollover causing quadriplegia
At Colling Gilbert Wright, we serve clients throughout the state of Florida and nationwide. If you have been injured or lost a loved one in an accident, contact us today to schedule your free consultation.