You can go after financial damages for your losses if you were hurt because of someone else’s negligence. A Daytona Beach personal injury lawyer can help you recover compensation for your lost wages, medical expenses, pain and suffering, and other damages.
We go the extra mile for our clients. You will not have to pay upfront legal fees. We will be paid out of the settlement or award at the conclusion of the case.
Our Practice Areas
We handle many different kinds of personal injury cases. Here are just some examples of personal injury matters in which we can help:
- Car accidents
- Dog bites
- Medical malpractice
- Tractor-trailer, bus, and RV crashes
- Pedestrian accidents
- Premises liability
- Bicycle and motorcycle accidents
- Defective products and product liability
- Slip and fall
- Construction accidents
- Wrongful death
- Nursing home abuse and neglect
- Pool accidents, drownings, and near-drownings
- Boat collisions and other boating accidents
The list above is not all-inclusive. We also handle many other kinds of cases. Just call us at 1-800-747-3733 to find out if we can help you.
Elements of Negligence
Most personal injury cases involve negligence. If you were hurt because someone else made a mistake, you might have a personal injury case based on negligence.
Here are the factors a Daytona Beach personal injury lawyer will have to prove to win your case:
- Duty of care. The defendant must have owed you a duty of care. All drivers of motor vehicles have a duty to keep a careful lookout and take reasonable measures to avoid hitting pedestrians.
- Breach of duty. Failing to measure up to the standard of a legal duty of care is negligence. For example, if a driver was operating his motorcycle recklessly without regard to people in the crosswalk, he was negligent.
- Causation. The negligence must be the cause of the accident that hurt you. If the motorcycle struck you in the crosswalk as a result of the driver’s carelessness, his negligence caused your injuries.
- Measurable damages. You must have quantifiable losses as a result of carelessness. Physical injuries satisfy measurable damages requirement.
If we can establish all four of those elements, the judge can hold the defendant responsible for your damages.
Other Types of Personal Injury Cases
While negligence is the most common type of personal injury case, you can also pursue money damages if you get hurt because of:
Someone’s Intentional Act
If someone intended to hurt you, that person can face criminal charges. However, a conviction does not put money in your pocket to pay your medical bills and other losses. Florida law allows you to pursue a civil action against the defendant for monetary compensation for the harm done to you.
Let’s say you get into a physical altercation and get struck in the face. You sustained a broken jaw and lost several teeth. You have chronic pain in the temporomandibular joint (TMJ) as a result, making it difficult for you to eat solid food.
Even though the defendant will likely face criminal charges for assault and battery, you can sue him in civil court. You can go after financial damages for your medical expenses, lost wages, pain and suffering, and for how the injury has changed your life.
A Defective Product
When a defective product hurts people, the maker of the object can have to answer in court for the harm done. An example of a defective product that injured people is poorly-designed airbag inflators. These devices caused the airbags to explode and impale people with jagged pieces of metal instead of protecting them in the event of a collision. The maker had to pay substantial damages to victims and their families.
Inherently Dangerous Activities
Sometimes an activity is so dangerous that people can get hurt even if the people in charge take every reasonable precaution. In these situations, the law places the economic burden of injuries on the company performing the dangerous activity rather than the injured person.
If someone gets hurts from an inherently dangerous activity, like the demolition of a bridge, detonation of explosives, or certain types of construction projects, the owner of the company can be liable for substantial damages. The injured person might not have to prove any negligence on the part of the defendant.
Damages in Personal Injury Cases
The amount of compensation that you can collect will depend on the facts of your case. Every injury claim is unique. You might have four people riding in a car that crashes. Each person’s injuries can be different, so their claim amounts will not be the same.
Here are some of the losses that people can recover in personal injury cases:
- Lost wages for the time missed from work without pay because of the accident and resulting injuries.
- Diminished earning potential, if your injuries leave you unable to make as much money as before.
- Medical bills, for the treatment of your injuries. This loss can include things like the ambulance, emergency room, hospital, doctors, surgery, prescription drugs, diagnostic procedures, and physical therapy.
- Long-term care, if you sustained devastating injuries that caused you to need ongoing daily help with medical care and personal tasks.
- Pain and suffering, disfigurement, loss of consortium, and other intangible damages.
A Daytona Beach personal injury lawyer will calculate the value of your injury claim using your medical bills and other evidence.
How a Lawyer Can Help with Your Daytona Beach, FL Personal Injury Claim
You should talk to an attorney about your personal injury case right away. Florida law only gives you a short time to file a lawsuit seeking damages. If you miss the deadline, you cannot go after compensation for your injuries.
At the Law Offices of Anidjar & Levine, we deliver responsive legal care to our clients. We fight your battles for you so that you can focus on your recovery. Call us today at 1-800-747-3733 for a complimentary consultation. There is no obligation. It is time to get started.