Personal Injury Attorney in Daytona Beach
Have you suffered an injury in Daytona Beach that was the result of someone else’s negligence or malicious acts? Are you dealing with medical bills, mounting debt, and are unable to return to work because of your injuries? Contact the legal team at Abercrombie P.A. as soon as possible for a free initial consultation about filing a personal injury lawsuit. During your initial consultation, you will be able to speak with a legal professional who will help you understand your rights for a personal injury lawsuit after hearing about your accident and resulting injuries. Your injuries are the result of another party’s actions, and you should not be shouldered with the financial burden of the repercussions. We will work with you to develop a strong case for your situation, and fight for the compensation you are entitled to.
Read below about some common personal injuries that are brought to lawsuits, as well as some general factors that go into determining the amount of a lawsuit. These may not resemble your injury or accident, but this is simply an overview of personal injury law in Daytona Beach.
Common Personal Injuries
There are any number of situations that can lead to an injury as a result of someone else’s irresponsibility. They can range from car accidents to a slip and fall injury at a place of business. Below are a few that Abercrombie P.A. deals with often, but we will be able to help you build a case no matter what your circumstances are.
When you are in an accident on a motorcycle, there is a higher risk of injuries than if you were in a car, simply because of the lack of protection. In addition, motorcycles take up less space and can be lost in blind spots much easier than a car or larger vehicle. If you have been injured in a motorcycle accident in Daytona Beach, contact us today to begin discussing your case. We will work to identify all damages you are rightfully owed, and fight to be sure you are compensated for your injuries.
Hit by a Car as a Pedestrian
If you have been hit by a car, then you should speak with a personal injury attorney as soon as possible. This type of accident can cause significant injuries, and we will work with you to build a case that addresses every detail of your situation and factors in all possible damages to be recovered.
Slip And Fall
A slip and fall is an extremely common injury in Florida and a common personal injury lawsuit in the Florida court system. If you are injured as a result of a property manager or owner’s negligence or unwillingness to address a hazard, then you may be able to seek damages. It is up to the victim to prove that the hazard was known to the owner or manager, and should have been rectified before you were hurt. We will work with you to collect all necessary evidence to prove your case and recover your damages.
There are many other ways that you can be injured in a way that will allow you to file a personal injury lawsuit. Contact us today to discuss the details of your situation, and learn about how we would move forward with your case.
How Much Money Can I Get For My Injuries?
Like the way you can be injured, there are many different ways that you can collect monetary damages for your injuries. Each of these factors will have their own value attached to them, which will vary greatly from case to case. Below is a small sample of economic and non-economic items we will consider when building your case and determining the amount you are rightfully owed.
Medical bills are one of the first factors we will look at when building your case. This not only includes and medical expenses you have incurred up to now but will also factor in any possible future expenses if you have not yet fully recovered. We want to be sure that our clients are fully compensated for their injuries, including the changes in their future lives or finances.
In addition to medical bills, we will establish the amount of money you have been unable to earn since your injury. This will include time spent in recovery, or when you were too disabled to do your work. In addition, we will consider any possible future lost wages, and in some cases, the inability to earn as much in the future as a result of the injuries.
Pain and Suffering
One common example of a non-economic factor that is considered in the final amount we seek is the pain and suffering you have been subjected to following your injury. While this does not have receipts like a medical bill or a simple calculation to determine your lost wages, this is a very important part of a personal injury suit. Your pain may be constant and pervasive in your life, and while money will not cure the pain, you do not deserve having to deal with it without any sort of financial assistance.
There are many other economic and non-economic factors that will go into determining the amount we find to be fair and reasonable for you to pursue throughout your case. As we begin working together, we will compile all relevant details to your case so we can present a complete argument for the amount we believe you are owed.
Personal Injury FAQ
Listed below are some questions frequently asked of a personal injury attorney in Daytona Beach. If you have more in-depth questions about your specific case, give our attorneys at Abercrombie P.A. a call to schedule your initial consultation.
What is “Negligence” Exactly?
Negligence can be defined as the failure of an entity or person to uphold a reasonable duty of care, resulting in injuries and/or damages. “Duty of Care” will vary per the circumstances and people involved. Those driving recklessly, neglecting to post appropriate warning signs, not fixing or warning others of hazards, etc. can all be considered negligent if an injury occurs.
Why Do I Need a Personal Injury Lawyer in Daytona Beach?
Technically, you are not required by law to hire a personal injury attorney. You have every right to file the necessary paperwork, attend court proceedings, and negotiate with the insurance companies on your own. However, hiring a personal injury attorney in Daytona Beach can drastically increase your chances of mounting a successful personal injury case against insurance companies. An experienced attorney understands the complexities of personal injury law in Daytona Beach. They also know what to look for when sorting through documents, what the rules for presenting evidence are, how to make objections, as well as how to effectively negotiate with the experienced attorneys representing the insurance companies.
Can a Personal Injury Case Be Settled Without My Permission?
Absolutely not. Our attorneys will advise you when deciding whether to agree to a settlement offer or not. However, the final choice on all settlement offers is always up to you.
How Long Does a Personal Injury Case Take?
There is no specific time frame that can be attributed to personal injury claims. Every case is unique. Some cases are settled much quicker than others. If you have been severely injured, your attorney will likely recommend that you wait until you have fully recovered and then file a claim. This is done so you can file a personal injury claim that is representative of the total value of your case. In many cases, an insurance company will offer an “early settlement.” It is important to not accept offers that do not fully cover all of your injuries, damages, pain and suffering, etc.
How Much Time Do I Have to File a Personal Injury Claim?
Every state has a statute of limitations for personal injury claims, Florida is no different. According to Florida Statutes Section 95.11, the statute of limitations for a personal injury claim is four years from the date that the accident occurred. A personal injury lawyer in Daytona Beach will likely recommend that you file a personal injury case well before the allotted four year time restriction. If you wait until after the statute of limitations has expired, you will most likely not be able to file a claim and if you do, your case will be dismissed. Do not wait until it’s too late to file your personal injury claim. Contact a proven personal injury attorney in Daytona Beach at Abercrombie P.A. to schedule your initial consultation today.
What Is The Likelihood That I Will Win My Case?
Each case is unique and offers its own set of complexities, advantages, and disadvantages. No reputable personal injury attorney is going to guarantee that you will win your case from the offset. At Abercrombie, we ensure that we are honest about the strength of your case during your initial consultation and keep you up to date on all offers and proceedings as the case progresses.
Why Choose Us?
At Abercrombie P.A. we aggressively represent our clients. Our job is to ensure that we exhaust every resource and tactic available in pursuit of fair compensation for your injuries and damages. Furthermore, we are confident in our abilities. If we don’t win your case, we don’t recover any fees from you at all. There is no need to pay anything out of pocket. You only pay if you win. Do not negotiate with the insurance companies alone. Work with an experienced personal injury attorney in Daytona Beach to increase your chances of a successful personal injury claim. Give us a call to schedule your initial consultation today.
Do I have the right to seek compensation for my injuries?
In order to determine whether or not you have a legal right to seek compensation after an injury, the first step will be to identify who is at fault for your injury. Depending on the type of accident that you were injured in, this could be a doctor, another driver, a product manufacturer, or a number of other possible defendants. In order to prove that they are responsible for your financial damages, we will need to prove that they acted in a way that caused your injuries due to recklessness, negligence, or malice.
Even if it is clear who caused the accident, it is still important to prove the level of fault. Florida, like many other states, uses a legal term called “comparative fault,” where a plaintiff can be held partially responsible for the accident and have their final award reduced proportionately to their level of fault.
Who is at fault for my personal injury in Daytona Beach?
In some cases, such as a drunk driving accident or a slip and fall on private property, it can be very simple to determine who is responsible for your injuries. However, there are other instances such as a multiple-vehicle crash or a defective product injury where it is less clear about who is at fault, and in some cases, there may be multiple defendants. Regardless, working with a personal injury attorney will give you support as you work to answer this question.
During our initial consultation and the start of our work together, this will be the first question that we will need to answer. Without proof of fault, our case will be complicated from the outset.
Do I need to hire a lawyer before filing an injury claim with the insurance company?
Many people believe that they should first file their claims with the responsible party’s insurance company without worrying about finding a personal injury attorney. In most cases, filing an injury claim with the insurance company is straightforward and the claims adjuster assigned to your case can be very helpful. Unfortunately, the entire claims investigation is performed in order to identify as many ways as possible to reduce your final award. Seemingly innocuous or harmless statements that you make to the insurance company can come back to haunt you. When a lawyer is handling your claim, you can be certain that each communication with the insurance company is done through an experienced legal professional.
More importantly, the early days after an accident should be spent focusing on recovery and treatment, not trying to juggle conversations with insurance companies. When you hire an attorney, you can focus on getting your life back on track instead of taking on all of the stress of these legal processes. When you know that there is someone fighting for you, it can relieve a lot of stress that you would otherwise have to endure.
Will my case need to go to trial, or can I get an out-of-court settlement?
In some estimates, 95% of all personal injury cases are settled before trial, which is a good indication of the likelihood that your own claim will require a trial in the Florida court system. Trials are costly and time-consuming, meaning that both the victim and the plaintiff both have an incentive to reach a settlement agreement before needing to go through this process. In addition, out of court settlements can help a defendant keep embarrassing or compromising information from being made public, as they would be in a trial.
However, there is no guarantee that your case will avoid trial, especially when there are specific disagreements between you and the defendant bout things like types of damages, amount of damages, and fault for the injuries. In this case, among others, it may actually make sense to pursue a trial. Regardless, Abercrombie, P.A. is here to help you get the compensation that you deserve.
Should I accept the first offer from the insurance company after a personal injury?
Rarely, if ever, will an insurance company’s first offer be remotely near the amount of money that you deserve for a settlement. This offer is intended to save the insurance company as much money as possible, with the hopes that you are stressed about your medical bills and loss of income and will simply take any amount to alleviate your stress. In exchange, you will need to waive your right to any additional legal action in the future.
Before you sign any paperwork or accept any settlements from an insurance company, it is very important that you have an attorney review your case and advise on you the right decision. When you have a personal injury attorney representing your case, they will be able to negotiate directly with the insurance company in order to get you the money you actually deserve.
Contact Abercrombie P.A. Today
Begin the process of getting the money you deserve today, with a free initial consultation from Abercrombie P.A. in Daytona Beach. We will work with you to seek financial compensation for your injuries, so you can worry less about money and focus more on recovering from your injuries and resuming your life.